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12-14 11:30 PM
Client just called and asked for a change of status from B2 visitor to F1 student. I said, great we can help, but when does your status expire. He said, no worries I am good for 10 years!!! Been here for 4 only.
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
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NANO3
05-07 12:03 PM
thanks!! :jailbreak
milindss
11-05 10:34 AM
Hello Gurus,
I transferred my H1 in June and later in September, I converted to premium and got a query. My employer sent all documents to them, I have to go to India on 24th Nov for my marriage, The H1 from my previous employer is valid until Dec 2008. I am planning to come back to US in December last week. Also I have to take appointment in India for my H1 stamping and H4 for my wife.
The application status says, they would respond in 60 days(?????) , for a premium processing ? Can you please advice, what I can do?
================================================== ===
Current Status: Response to request for evidence received, and case processing has resumed.
On xxxxxxx, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our VERMONT SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
===============================================
Any help will be highly appreciated.
Edit/Delete Message
I transferred my H1 in June and later in September, I converted to premium and got a query. My employer sent all documents to them, I have to go to India on 24th Nov for my marriage, The H1 from my previous employer is valid until Dec 2008. I am planning to come back to US in December last week. Also I have to take appointment in India for my H1 stamping and H4 for my wife.
The application status says, they would respond in 60 days(?????) , for a premium processing ? Can you please advice, what I can do?
================================================== ===
Current Status: Response to request for evidence received, and case processing has resumed.
On xxxxxxx, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our VERMONT SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
===============================================
Any help will be highly appreciated.
Edit/Delete Message
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Green.Tech
07-18 03:38 PM
Premium processing for 140 has been suspended until July 31, 2007.
more...
neeidd
07-14 01:06 PM
Hi Gurus,
I need some advice from you guys
My initial receipt date for I-485 from Vermont service center was July 7th 2007. But when I-485 was transferred to Texas service center, receipt date on I-485 is showing as September 11th 2007. Can we do anything to correct the wrong receipt dates as this might have significant impact on my processing times. Please advice
Thanks
I need some advice from you guys
My initial receipt date for I-485 from Vermont service center was July 7th 2007. But when I-485 was transferred to Texas service center, receipt date on I-485 is showing as September 11th 2007. Can we do anything to correct the wrong receipt dates as this might have significant impact on my processing times. Please advice
Thanks
payur
10-16 01:39 PM
Arkbird,
You cant get into the armed forces without a GC
Don't you have to be citizen??
You cant get into the armed forces without a GC
Don't you have to be citizen??
more...
jackhardy
02-03 10:37 AM
After seeing the State of The Union Speech I wrote to the President about green card processing delays and immigration reform.
I would recommend you all do the same.
Hoping he reads at-least one of our letters and show some mercy + change!
The address to mail is:
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Thanks!
I would recommend you all do the same.
Hoping he reads at-least one of our letters and show some mercy + change!
The address to mail is:
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Thanks!
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nat23
02-19 09:19 AM
I would suggest you ask your employer B to file thru premium processing. Just to be on the safe side
cancellation takes atleast a month if not more. (4-5 months is not a confirmed number so its better to assume the worse case of 1 month)
cheers
nat
cancellation takes atleast a month if not more. (4-5 months is not a confirmed number so its better to assume the worse case of 1 month)
cheers
nat
more...
IV2007
06-18 07:08 AM
My wife's name was changed when we got married in the passport to add my name as her last name.
This is not reflected on her birth certificate.
I am planning on taking 2 affadavits. But I don't have a format for this special case.. Is there any one who has gone thru this ? Also pls provide me with the format...
Urgent reply..
Thanks
shree
This is not reflected on her birth certificate.
I am planning on taking 2 affadavits. But I don't have a format for this special case.. Is there any one who has gone thru this ? Also pls provide me with the format...
Urgent reply..
Thanks
shree
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[Legoman]
08-28 05:35 PM
not used swift 3d much, and I don't have it on this computer to check, but can't you go to the extrusion editor and do file/import. Go back to the main viewing area and it should be what you're looking for....maybe...
more...
pbojja
11-17 06:22 PM
Hi,
My wife and I are currently working on EAD and have used the AP to entry the US. We will be going to the Canadian consulate to apply for Canadian Visa (want to go on vacation). I had the following questions:-
1) What all papers are required?
2) How long will they issue the canadian visa for? I am planning on obtaining a multiple entry visa. When I was on H1 they issued me a visa which was till the end of my H1 expiration date.
Thanks.
Sorry to be sarcastic but , does your question requires a thread ? simple search in google and canada embassy will answer all your questions .
Vacation trip requires answers from IV ....
My wife and I are currently working on EAD and have used the AP to entry the US. We will be going to the Canadian consulate to apply for Canadian Visa (want to go on vacation). I had the following questions:-
1) What all papers are required?
2) How long will they issue the canadian visa for? I am planning on obtaining a multiple entry visa. When I was on H1 they issued me a visa which was till the end of my H1 expiration date.
Thanks.
Sorry to be sarcastic but , does your question requires a thread ? simple search in google and canada embassy will answer all your questions .
Vacation trip requires answers from IV ....
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donsimahajan
06-22 09:27 AM
totally agreed.
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AirWaterandGC
06-07 08:27 AM
thanks shan74
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gc28262
07-26 01:08 AM
Hi
Which part of address change trigger RFE
1) Submitting AR11
OR
2) Changing address for pending 485.
Will any one at USCIS does anything/do processing/look into it, if you just submit AR11.
Thanks
Address change does not trigger an RFE all the time.
I changed my address recently. Had soft LUD on my I-1485 but no RFE.
Which part of address change trigger RFE
1) Submitting AR11
OR
2) Changing address for pending 485.
Will any one at USCIS does anything/do processing/look into it, if you just submit AR11.
Thanks
Address change does not trigger an RFE all the time.
I changed my address recently. Had soft LUD on my I-1485 but no RFE.
more...
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mirage
02-15 06:07 PM
Texans & Californians don't you want to sign up ? House judiciary sub-committee for immigration is 80% CA & TX
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crazyghoda
08-17 06:06 PM
.... for 4 years. It was expiring in Dec 2009 and they renewed it till Dec 2013. No questions asked about immigration status at all. I did have to show a utility bill to show my new address and that was it. Paid $10 and got my license.
Chicago rocks!
Chicago rocks!
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badluck
08-02 11:22 AM
I dont think so..Fingerprinting is necessary
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LegalIndianInUSA
09-10 11:01 PM
Apologies if this is covered in a thread elsewhere (doubt it)
A colleague and I both filed EB2 PERM labors at around the same time in 2005.
Our 140s got approved roughly together too/
We both also applied for 485 on July 2nd, through the same lawyer, and both applications went to TSC.
Both of us saw our checks get encashed on the same date.
Here's where our applications diverged.
He received an LUD last friday and his EAD card has been ordered.
I received an FP request today(monday) but no LUD updates.
Although our applications are a bit dis-similar (he is married, i filed single), I have this theory that USCIS is splitting their queue, so as to not bombard its internal departments with the flood of work that has recently come in.
It makes total sense to split people into two groups (atleast), and for each:
a) send them EAD cards with a note of FP pending.
b) send them FP notices and do their EAD later.
(I know another friend who is in group a, while I'm in b)
Yes, we all like to bitch and moan about USCIS, but thats generally emo-talk.
So, has anyone else noticed this, or can anyone help me understand what I'm missing here.
This is just me speculating, but I'd like to throw this thought out there and have it rebound with your inputs.
:)
A colleague and I both filed EB2 PERM labors at around the same time in 2005.
Our 140s got approved roughly together too/
We both also applied for 485 on July 2nd, through the same lawyer, and both applications went to TSC.
Both of us saw our checks get encashed on the same date.
Here's where our applications diverged.
He received an LUD last friday and his EAD card has been ordered.
I received an FP request today(monday) but no LUD updates.
Although our applications are a bit dis-similar (he is married, i filed single), I have this theory that USCIS is splitting their queue, so as to not bombard its internal departments with the flood of work that has recently come in.
It makes total sense to split people into two groups (atleast), and for each:
a) send them EAD cards with a note of FP pending.
b) send them FP notices and do their EAD later.
(I know another friend who is in group a, while I'm in b)
Yes, we all like to bitch and moan about USCIS, but thats generally emo-talk.
So, has anyone else noticed this, or can anyone help me understand what I'm missing here.
This is just me speculating, but I'd like to throw this thought out there and have it rebound with your inputs.
:)
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H1B-GC
06-18 11:14 AM
Wondering if we need to Pay $80 towards Biometric Fee when Renewing I-131? Paid the Biometric Fee last year when the Travel Document was Applied for the First Time.
rajeshiv
03-01 01:33 PM
I was moved from state (A) to another state (B) along with Client 'Y' four years back...and my Employer didn't filed for H1 amendment at that time, but my payroll was running from State B with same salary. I was not aware of this rule to file an amendment for change in job location and I dont know even employer is aware of that or not.
After three years I got EAD and I Employed by Company X in state B.
My question is....what are my options and problems for not being filed H1 Amendment four years back.?
Please advice.
After three years I got EAD and I Employed by Company X in state B.
My question is....what are my options and problems for not being filed H1 Amendment four years back.?
Please advice.
roseball
12-27 06:42 PM
I got my receipt number for H1b application and its been more than a week but i still cannot check my status online on USCIS website.
It says case is not found ,even tried calling customer service .
Does it take time to get uploaded online ?
Did anyone else face this problem
I am not getting any information from my employer.
Is there any other way we can find out if USCIS accepted my application.
could some one please help me in this
Thanks
Post from Oh's law firm:
12/27/2010: USCIS Case Status Site Errors
Currently, USCIS online case status site is reportedly experiencing some errors. The consumers are experiencing frustration with the incorrect information or outdated information when they check their case status. Apparently, the USCIS has been working on it to fix the problem. Pending that, the customers should keep patience.
It says case is not found ,even tried calling customer service .
Does it take time to get uploaded online ?
Did anyone else face this problem
I am not getting any information from my employer.
Is there any other way we can find out if USCIS accepted my application.
could some one please help me in this
Thanks
Post from Oh's law firm:
12/27/2010: USCIS Case Status Site Errors
Currently, USCIS online case status site is reportedly experiencing some errors. The consumers are experiencing frustration with the incorrect information or outdated information when they check their case status. Apparently, the USCIS has been working on it to fix the problem. Pending that, the customers should keep patience.
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