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  • Bhadwaj
    07-15 05:26 PM

    Here is my situation.

    a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
    b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
    c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
    d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
    e) I have not travelled outside of the country since my last arrival.. (pls see #b)

    Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.

    "An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE

    This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.

    Now, my questions to our experts are
    1. Since I am within my I-94 expiry date., am I in lawful status?
    2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
    3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
    4. What should I do now to correct ...? my I-94 expires in another month.

    Please help!

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  • Munna Bhai
    12-03 12:24 PM
    Anyone with a detailed answer like logiclife spelled out here?

    No, you don't have to be employed while in EAD but do remember GC is future job, if have something to show them then you are safe.

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  • Raj Iyer
    09-23 03:58 PM
    You need an I-140 approval notice. If not, type in the receipt no on USCIS website and obtain the status update which will state that the petition is approved, and see if they accept it. I can't guarantee that that they will accept it., but I have used it in the past in another scenario (MTR) and they have accepted it.


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  • indyanguy
    11-27 07:08 PM
    From what I can infer from the replies so far:

    1. For full time/permanent positions, EAD opens the doors to companies that do not usually sponsor visas. From the salary perspective, a boost might not be possible

    2. For contract positions, eliminating the desi layer in between might help increase the rate.

    In (2), how do you all intend to do that? A lot of larger clients I've seen have the preferred vendor policy and if the desi company is the preferred vendor, how do you eliminate them?

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  • chanduv23
    11-07 02:21 PM
    Well, as a matter of fact "employer is employer" - there is nothing called good or bad. Any employer can be bad during crunch times. Times have changed now and there is more scrutiny over consulting companies these days because they have lot of immigrants on payroll. Look for urself, your family, ur need etcc.. before changing jobs, be it consulting or fulltime. Sometimes FT jobs can be worse as you never know what kinda shit u may get into.


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  • trueguy
    08-11 11:23 AM
    We don't have a poll for 2004 dates, true guy has dates before Jan 2004 and you have it starting from Jan 2005

    ok guys, I will start a new poll starting from 2000 till 2010. Plz give me few minutes

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  • radhay
    08-05 11:50 AM
    Hi, I wouldn't bank on what officer says as it is not binding. You need valid AP to enter US and there should be no confusion about it.

    You should take Employment verification letter and latest stubs although it is not 'required'. I believe your July 20th paystub should be sufficient but if you have access to your latest electronic paystubs(ADP website) it is not a bad idea to print them out. Otherwise don 't bother.


    I read in one the post here at Immigrationvoice.com

    a person travelled on AP and he got I94 longer than current AP expiry date . And he asked officer can he use current AP before I 94 expire. And he got answer Yes.
    But I am not sure whether it is true or not alway check with Attorny for the same.

    On other post, is it required to have paystubs while travelling?

    I have my last pay stub was July 20th 09 and planning to go on vacation on Aug 20 and coming back in Sep th. What I'm missing is immediate pay stubs, is it required to have same?



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  • perm2gc
    12-25 02:31 PM
    Hi Perm,

    When I requested the company they sent me the "Wage report" form.
    I am trying to understand if this is really the "unemployment wage report"?, Is there a specific form number that I need look for and request the company to send me the specific form. It would be helpful if there is specific information related to this form.

    Thanks a lot for all your help and valuable information.
    Merry Christmas!

    Thanks & Regards,
    The Consulate only asks wage report for your company.It will not ask for entire state of California.The Wage Report you company send is enough but one more time just cross check with your company attorney before sending them to consulate.

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  • GoneSouth
    07-18 04:49 PM
    Thanks ! But ... I had found a single pdf of the field manual at one point ... anyone got a link to that ?


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  • sheshadripv
    12-13 11:50 AM

    I'm in the US working on L1 visa, though I have an expired visa, I have I94 valid until Jun 2008 which makes me legal to work here until Jun 2008. Now, I'm planning to travel to India, Do I need transit visa in France if I travel via france.

    Thanks in advance,


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  • seaken75
    11-01 02:37 AM
    One of the requirement is if you were last submitted to the U.S. as a non-immigrant on or before Sept 30, 2002. At that point in time, i entered the U.S. in January 2003 after taking a 2 weeks Christmas break.


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    11-05 06:10 PM

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  • wandmaker
    10-23 08:50 AM
    If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?

    Your employer should terminate you from the job on Jan 15, as you will not be authorized to work after that.

    I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?

    COS will get you max of 6 months of B2 - If you apply B2 at consulate in your home country, you *may* have a chance of getting multiple year/entry B2 visa.

    If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?

    Make sure COS application reaches them before Jan 15th.

    If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?

    Dont work beyond the date requested in your H1B extension.

    what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)

    Minimum of 1K attorney fees....


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  • khris49
    10-21 02:12 PM
    Hi Khris,
    Do you also have 2 PDs in same EB2 category?

    I have submitted ombudsman case sheet by mail.

    My lawyer also sent request through AILA liason. She asked me to wait 6 weeks before enquiring again.

    yes sir, I do. One with my old employer and the other with my current employer. Thanks for the information

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  • MatsP
    November 9th, 2004, 07:37 AM
    Hi Mandy, and welcome to Dphoto.

    The choice of DSLR's is not an easy one.

    By all accounts, the Digital Rebel/300D is an excellent camera.

    So is the Olympus, as far as I know.

    The Canon will give you a greater selection of lenses.

    There's also another great choice in the Nikon D70.

    Why would one be better than the other? Depends on what you want, really. All of them take good photos.

    Canon probably have THE best selection of lenses, all the way from cheap-n-cheerful to expen$ive professional level where a single lens will break your budget several times over. There's also a good selection of other accessories, such as a number of flash-guns, and other bits and pieces.

    At $779.95 (after rebate) from B&H Photo (this is not an endorsement), it leaves you with a small lump of money to extend the kit, or spare cash for your trip.

    The big advantage on the Nikon D70 compared to Canon would be it's ability to take more fast shots in a row. That would be useful if you're after snapping sports/action shots, but if you just want to take a few shots of beutiful land/streetscapes, your friends/family and the odd young one having a go at baseball, it's not really an advantage as such. There may be some other features that I don't know about, but I would think those differences are minor. On the other hand, it's a little bit out of your budget.

    The big advantage on Olympus side is the smaller form-factor for the lenses. I'm pretty sure that Olympus would want it to stay, and it's very unlikely to disappear in the next few years. If anything, it's most likely a forward path, but who knows... I'm pretty sure both Canon and Nikon are watching carefully.

    I own the EOS 10D, because I wanted the sports ability, which is slightly better on the 10D compared to the Digital Rebel. But I was locked into Canon from owning a fair amount of lenses that would cost MUCH more than the cost of the camera body to replace. I've been "collecting" those lenses for some time. And to sell used lenses to buy similar ones from another brand gets pretty expensive, so once you've selected a brand, you need a much bigger advantage from another brand to switch.

    That doesn't apply when the photographer gets paid for the pictures taken, especially since the equipment in this case often gets quite a bit of (accidental) abuse, and needs replacing with much shorter intervals than the amateurs would anyway. This is why Canon pretty much won overnight on the transition to Autofocus. Canon had a better solution than Nikon, but they also "forced" a change of lenses. The professionals jumped on the Canon system because it gave them a small advantage of getting a better shot, even if they used to have a Nikon before they changed over].

    Anyway, I'm not sure this is much help, but perhaps gives you a few pointers in the right direction.

    Also, I would advice that you get the camera at least a few weeks before you go on vacation, so that you can get used to the camera.



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    08-18 08:54 AM
    Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".

    The reason specified in the letters:

    - Section 203(b)(2)(A)
    - 8 C.F.R 204.5(l)(3)(ii)(C)

    Please advise me what to next..! Is there any chance of a positive result.?


    Thank you..


    So its not denied. They are asking you to provide more documentation. MTR is not necessary

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  • jimecalfa
    01-08 03:09 PM
    I apologize to everyone who has been offended by my post. I really appreciate your suggestions.



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  • morchu
    05-08 04:04 PM
    I would say file EB1-140 alone for now (you can retain Oct 06 priority date for EB1 with proper documentation), wait for its approval, and after the approval of EB1-140, still if your 485 is pending, do an "interfiling" showing your new EB1-140.

    Assumption: EB1 is not going to be retrogressed beyond Oct 06, in future.

    Thank you, Ms. Reddy for your prompt reply.
    Do I have to file another I-485? How does it work? Your advice is greatly appreciated.

    02-22 10:57 PM
    Is there a specific stage in the process till which point i have to be in US. If I go back, I will go back to India on a job with the same employer and can come back later with the same employer. Thanks.

    Technically No. But you never know what USCIS will ask for

    05-06 01:05 PM
    Correct. The question is always about "similar" job and duties. And too much variation in wage is a hint towards that.

    Now logically it doesnt make sense, you doing the same duties even after 15 years in GC que. But hei.... leave the logic behind. You either prove that the duties are same/similar, or file another LC/140. (at-least you can keep your priority date).