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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 Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?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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  • dreamworld
    06-30 12:57 AM
    There is no time to think at this situation. If the labor says BS+3 years then you need that exact same experience to qualify.

    I do not want to say NO to you. But someone else can help...Anybody here...

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  • Hinglish
    06-13 12:22 PM
    Not to derail this discussion ...but the post below is classic hinglish !! :D

    When did processing time became on or after your Receipt Date: 06/06/07 and your Notice Date: 06/15/2008.

    Is it because file misplaced - too many followups (3 SRs, Infopass, letters, calling IO)? At lease people have been able to find whether name check is cleared on not - could you figureout that? If not, I think, there is reason to be concerned.

    Try simple question - name check is cleared or not?

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  • GCchakravyuh
    07-17 12:53 AM
    Thanks to Business week for well presenting the facts...


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  • Hong12
    02-06 01:58 PM
    Thank you very much for your help. I really appreciate it. I actually tried to fill out the Forms DS 156 and DS 157 and got totally lost. The following is my background. I worked at the company A in US as an Electrical Engineer until May, 08 (the end of my 6 year H1). Then, I went back to Malaysia and worked on my family business as a store manager and business owner, selling electrical appliances. My PERM is currently pending over one year now. Accordingly, I got an approval for 1 year and 2 months on my H1. I will now come back to work at company A in US, starting March 5, 09 (the same US company that I worked until May, 08).
    I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:

    Form DS 156
    - Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
    - Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
    - Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
    - Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
    - Question 29 (Have you ever been in US?):
    For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
    Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?

    DS 157
    - Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.

    Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.

    Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.

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  • ashishgour
    04-30 04:09 PM
    Not yet..he has been questioned abt illegals..but is also talking about highly skilled immigrants...


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  • print0104
    08-30 09:05 PM
    um...but at the time my new employer offering me a position with an official offer letter, my current H1b status could be expired for over 3 to 4 months...(I am sure they want me to work for them since the partner there is my previous boss)
    Shouldn't I take any action to protect my current H1b status???Like file a H1b transfer application which I know would definitely be rejected since I am unable to get a pay stub.

    By the way, I didn't file I-140 or I-485 since my previous Labor Certificate is still in process for over 2 years (filed on July 2005)!!!Please consider these factors in my case~
    Thank you guys~

    Hello, guys, I really need your help~~
    Is anybody here who could really analyse me situation???

    Thank you so much~~

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  • hopefulgc
    12-30 12:55 AM
    Even though we have a very honest agenda at heart which at its very core aims to help America be more competitive in the global scene, apparently, we need to have the financial clout to be able to turn heads and thus have our voices heard.

    Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln

    why? because the first 10 or 50 contributers are the most elemental in getting such a campaign off the ground and we need to give them a guarantee that its an ALL or NOTHING DEAL. If for some reason we stop at $10k because only 5 members contributed and no more are ready to contribute (unlikely), those 5 members can get their money back.

    now is $2000 a huge amount?.. absolutely... but maybe we could tweak this amount or do some payback if we have more people stepping forward in excess of 500. and the amount of payback depends on how early your contributed to the campaign. The first 50 guys could even get a substantial part of their contribution back.

    People, we gotta swing for the fences, the next time we go to play.
    It has taken us some time to understand how the lobbying game is played.. but this time "Lets play to win"
    As evident from current campaigns (http://immigrationvoice.org/forum/showthread.php?p=210276#post210276), we need to be a big fish.. a million $+ whale to be taken seriously.

    Lastly, i'm just presenting an idea .. its not endorsed by IV core.. and I maybe overlooking some finer points of non-profit corporate taxation and finance.


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  • lyiu18
    02-23 08:10 AM
    good to know, thx.

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  • gondalguru
    09-02 07:31 PM
    I got 2 red dots for this .....Crazy people

    I will give you one green to compensate.


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  • pappu
    08-29 09:12 AM


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  • raydhan
    01-03 02:46 PM
    Hello friends:
    I am also insterestred in joining the OK state chapter and start taking some action. I am a restrogression victim as probably you all are.
    What to do?

    Hi betoaguirre and other Oklahoma folks,
    Please send me an email at raydhan@hotmail.com and I'll organize a conference call or meeting.



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  • aadimanav
    12-11 03:54 PM
    Thanks for everyone who replied.

    What about 485 filing date? Will it be cosidered July 2nd, 2007 or whatever future date I will "interfile"?

    Any experience holder?


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  • wizard20740
    05-21 09:34 PM
    I submitted my wife's ead renewal app online 150+ days before it expires (i filed in April 1st week whereas expiry is in Oct 2008). I only realized my mistake after filing.

    We have received a receipt from BCIS as well as an appointment for biometrics on 5/23. I have not sent any documents by mail to support the electronic filing.

    I am hoping that her app will not get rejected or worse, denied.


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  • seahawks
    07-26 11:32 PM
    For the experts on this board, my H1 expires on 9/30/07. Should I wait till after Aug. 17 to qualify for a 3-year extension?

    if you qualified and filed for 485 depending on your PD, you most probably will get only 1 year extension. I just filed mine May 29th for 3 years and filed my 485 June 8th but when approved I got my H1 extension approved only for 1 year. I may be wrong, just referencing what my lawyer said..

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  • prem_goel
    07-29 07:36 PM
    Ann as always you are so upto the point and quote a valid source in your reply. Thank you so much.


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  • nonimmi
    06-11 04:20 PM
    Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?


    Visit this....


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  • Dhundhun
    09-03 04:19 PM
    I heard that it can take anytime between 2-8 weeks and the H1B holder is not supposed to start working till they receive the SSN.

    H1B workers come to USA and start work immediately. It takes 2-3 weeks for SSN. For paying salary SSN is required, without which a company can't pay salary - but they pay advances.

    I remember myself getting advances, California drivers permit, Auto Insurance, etc. without SSN.

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  • pappu
    08-18 01:03 PM

    --must be of great help

    HOLY COW !!!!

    This is so awesome!!!

    we are going to save as many as 30 days from the total of 6-8 years of our green card process.

    08-13 01:15 PM

    Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.


    03-24 12:32 PM
    Please read 140,000+290,000 as 290,000+480,000