bobby
04-03 02:18 PM
see answers in CAPS:
Couple of questions, if you don't mind.
1. Did you go on your vaction after getting your 3 year extension based on your approved I-140? NO MY H1B HAD BEEN EXTENDED FOR 1 YEAR AS I HAD ALREADY COMPLETED SIX YEARS BUT DID NOT HAVE AN APPROVED LABOR CERTIFICATION OR I-140 YET
2. Did you apply for 3 year H1-b extension even though your passport was not renewed? YES IN EARLY JAN 07
3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp? NO, "OLD" PASSPORT HAS VISA STAMPS FROM FIRST SIX YEARS ON H1B
4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years? PENDING CASE NOT APPROVED YET. USCIS WORKING ON RECEIPT DATES OF 1/13 AND MY RECEIPT DATE IS 1/26
WHEN YOU RECEIVE YOUR EXTENSION APPROVAL A NEW I-94 IS ATTACHED TO THE EXTENSION NOTICE AS IN THE CASE WITH PREVIOUS RENEWALS/EXTENSIONS
Couple of questions, if you don't mind.
1. Did you go on your vaction after getting your 3 year extension based on your approved I-140? NO MY H1B HAD BEEN EXTENDED FOR 1 YEAR AS I HAD ALREADY COMPLETED SIX YEARS BUT DID NOT HAVE AN APPROVED LABOR CERTIFICATION OR I-140 YET
2. Did you apply for 3 year H1-b extension even though your passport was not renewed? YES IN EARLY JAN 07
3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp? NO, "OLD" PASSPORT HAS VISA STAMPS FROM FIRST SIX YEARS ON H1B
4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years? PENDING CASE NOT APPROVED YET. USCIS WORKING ON RECEIPT DATES OF 1/13 AND MY RECEIPT DATE IS 1/26
WHEN YOU RECEIVE YOUR EXTENSION APPROVAL A NEW I-94 IS ATTACHED TO THE EXTENSION NOTICE AS IN THE CASE WITH PREVIOUS RENEWALS/EXTENSIONS
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mdmd10
09-14 07:58 PM
Just got approval emails for both me and my spouse.
meridiani.planum
10-12 08:37 PM
Hi Friends/Gurus,
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
based on what you have said you are only eligible for an H1 until 2010 for now (because your current PERM application is not old enough to give you the 7th year). To me it looks like your lawyer appears to have screwed up. Even if you had gotten an extension till 2011, it could potentially have landed you in trouble later if USCIS ever goes over these dates again (485 approval time).
In the RFE response ask him to explain that the date should actually be 2010, and see if USCIS is willing to accept the petition as-is (the new period is smaller than the old one in your LCA, so I assume it should be ok).
Ask your lawyer on what basis he expected them to approve it upto 2011? Also, if he accepts it was his fault, ask him if he can make it up to you by making it premium processing and paying the $1k. This is a screwup on his side which is making things needlessly messy for you, thats the least he can do.
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
based on what you have said you are only eligible for an H1 until 2010 for now (because your current PERM application is not old enough to give you the 7th year). To me it looks like your lawyer appears to have screwed up. Even if you had gotten an extension till 2011, it could potentially have landed you in trouble later if USCIS ever goes over these dates again (485 approval time).
In the RFE response ask him to explain that the date should actually be 2010, and see if USCIS is willing to accept the petition as-is (the new period is smaller than the old one in your LCA, so I assume it should be ok).
Ask your lawyer on what basis he expected them to approve it upto 2011? Also, if he accepts it was his fault, ask him if he can make it up to you by making it premium processing and paying the $1k. This is a screwup on his side which is making things needlessly messy for you, thats the least he can do.
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chil3
08-24 12:40 PM
yes my date is eb3 jan 2007...I think this is part of the whole pre approval thing
I work for University since 2002 with very straightforward case hence suprised
ok..here is part 2.
Employer was able to speak to USICIS officer. He asked
whethere
1) I was contractor
2) from when I was employed
3) Work timings
4) exact office Location
my supervisor asked why all these questions about location and timing they said they will do a site visit
I feel if my app can trigger this than any other app could...
The USICs is just getting crazy with all the bueracacy crap
USCIS is not getting crazy ....It's preplanned well defined strategy to kick out immigrants ...first they choked the system so that everyone is stuck and now picking more & more people in the name of verification
I work for University since 2002 with very straightforward case hence suprised
ok..here is part 2.
Employer was able to speak to USICIS officer. He asked
whethere
1) I was contractor
2) from when I was employed
3) Work timings
4) exact office Location
my supervisor asked why all these questions about location and timing they said they will do a site visit
I feel if my app can trigger this than any other app could...
The USICs is just getting crazy with all the bueracacy crap
USCIS is not getting crazy ....It's preplanned well defined strategy to kick out immigrants ...first they choked the system so that everyone is stuck and now picking more & more people in the name of verification
more...
blackberry
07-16 10:32 AM
I don't think, anyone other than the USCIS/DOS will know the solution or whatever, at this time, untill the information is published to public. Applying AOS or not should be decided by you and your attorney. Not the core, Guess if the core has the updates that you are looking they might have updated in the home page :) by now...
Well I'm also waiitng to see what would be the updates from USCIS, as my 485 papers are not yet submitted but ready to go and the attorney would make the decision based on how this truns out to be... WSJ article is the one that is updates in various website/blog. Have to wait and see...
well said..
Well I'm also waiitng to see what would be the updates from USCIS, as my 485 papers are not yet submitted but ready to go and the attorney would make the decision based on how this truns out to be... WSJ article is the one that is updates in various website/blog. Have to wait and see...
well said..
snathan
05-04 11:24 PM
I would also recommend to go through an attorney as the cost is not worth to lose your status...
more...
immigrant2007
09-15 10:02 AM
NO We won't do anything. we will jsut browse this site and fight with each other but we have decided to do nothing. We are good at writing but we are better at doing nothing. We have lots of guts and experience in doing nothing and we have deiciced to wait and watch and get our GCs by doing nothing so don't ever hope that we will do something as it is true won't do anything
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bhatt
12-16 02:12 PM
A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
Try a different DMV. Some of the officers even does not know what is EAD or AOS. Recently I tried my local DMV it didn't go through then I went to Trenton, it was just a 2 min Job for them.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
Try a different DMV. Some of the officers even does not know what is EAD or AOS. Recently I tried my local DMV it didn't go through then I went to Trenton, it was just a 2 min Job for them.
more...
speddi
08-24 02:08 PM
The scenario is
Company A filed 485 in EB2 with an approved 140. Company B filed 140 with an older PD in EB2. After 180 days(AC21), we change to company B on H1 and company B's 140 is approved in the meantime. We can change the underlying 140 with the new approved 140(old PD). I have couple of questions:
1. Do we have to stick to company B for 180 days again to invoke AC21 or for only the time till the interfiling process is completed and we get a confirmation from USCIS ?
2. Does the new PD need to be current for us to file for interfiling?
Thank you
Company A filed 485 in EB2 with an approved 140. Company B filed 140 with an older PD in EB2. After 180 days(AC21), we change to company B on H1 and company B's 140 is approved in the meantime. We can change the underlying 140 with the new approved 140(old PD). I have couple of questions:
1. Do we have to stick to company B for 180 days again to invoke AC21 or for only the time till the interfiling process is completed and we get a confirmation from USCIS ?
2. Does the new PD need to be current for us to file for interfiling?
Thank you
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ivgclive
12-14 01:30 AM
Hi,
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Extremely sorry to hear that in this forum.
If there are valid reasons (believe me, 99.9% of time they are worthless issues) and you fall in that 0.1% (both of you are aware and willing to go separate), please go to India get it settled.
If you fall in 99.9%, talk to your spouse, take few days off from work, go out alone and get it settled within your home.
As others said, it is an expensive process and headace you don't want to go thru.
For me, I still believe you both can figure out and get back on track before it derails.
If you have kids, young kids, please please please, think 99999 times before you do this. It is worth going thru this pain for them.
If you are 30 years old, just think that its going to be another 20 to 25 years of active family life.
USCIS is creating problems in our everyday life, we take that pain and ready to wait another 20 years for GC, why not for a spouse who is living with us everyday?
Good Luck.
Bottom line : 99.9% time it is WORTHLESS arguments that leads us to get frustrated...
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Extremely sorry to hear that in this forum.
If there are valid reasons (believe me, 99.9% of time they are worthless issues) and you fall in that 0.1% (both of you are aware and willing to go separate), please go to India get it settled.
If you fall in 99.9%, talk to your spouse, take few days off from work, go out alone and get it settled within your home.
As others said, it is an expensive process and headace you don't want to go thru.
For me, I still believe you both can figure out and get back on track before it derails.
If you have kids, young kids, please please please, think 99999 times before you do this. It is worth going thru this pain for them.
If you are 30 years old, just think that its going to be another 20 to 25 years of active family life.
USCIS is creating problems in our everyday life, we take that pain and ready to wait another 20 years for GC, why not for a spouse who is living with us everyday?
Good Luck.
Bottom line : 99.9% time it is WORTHLESS arguments that leads us to get frustrated...
more...
pyrosleepy
11-09 10:12 AM
My 6 year on H1-B status had expired on Nov 8. I-129 for extension based on approved I-140 was filed and delivered to USCIS on Nov 1 as per Fedex. However, USCIS has not cashed my employers check or my money order for the H-4 extension. I called them and they don't have any information. They told me to wait for another week. I am very worried that what will happen if the Fedex package has somewhat got lost. What will happen to my and spouse's status and my 3 year extension. My own lawyer seems to be a little perplexed on this matter, not sure of himself.
Anyone, please give me some guidance on this.
Thanks very much in advance.
Anyone, please give me some guidance on this.
Thanks very much in advance.
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jagan13
02-18 09:58 AM
I am currently waiting for my renewed passport from Washington DC embassy, which I had mailed them on Dec 30th(signed for and received by them on Dec 31st). The passport is due to expire in Oct 2011. My problem is, my drivers license is expiring on Feb 24th as is my stamped visa. My employer has filed for my H1b extension and I currently have the original receipt notice needed for renewing my license. But, I cannot renew it without the original passport. I have been trying to reach them through phone as well as email for over 10 days now. Also, when filling out the form , I have a different permanent Indian address than what I had on the passport as my family back home had moved. The following are my questions:
1) Does this increase the processing time, due to any verification of address in India?
2) Has anybody been in the same situation and if yes, how long did it take for the embassy to renew and mail the passport?
3) Does anybody have a point of contact at the Embassy?
NOTE: I just talked to my bank and confirmed that the cashiers checks I had send along with the application have been cashed on Jan 24th. I dont know where that puts me on the timeline for receving my passport.
I have been looking at other threads on the forum and looks like it is typically taking 40 days for people to receive their passports in the mail. But , my license situation is concerning as I do not know, at what stage of renewal process my passport is in and how much longer I have to wait. Any insight will be greatly appreciated.
Thanks,
Jagan
1) Does this increase the processing time, due to any verification of address in India?
2) Has anybody been in the same situation and if yes, how long did it take for the embassy to renew and mail the passport?
3) Does anybody have a point of contact at the Embassy?
NOTE: I just talked to my bank and confirmed that the cashiers checks I had send along with the application have been cashed on Jan 24th. I dont know where that puts me on the timeline for receving my passport.
I have been looking at other threads on the forum and looks like it is typically taking 40 days for people to receive their passports in the mail. But , my license situation is concerning as I do not know, at what stage of renewal process my passport is in and how much longer I have to wait. Any insight will be greatly appreciated.
Thanks,
Jagan
more...
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Munna Bhai
08-24 01:34 PM
Can interfiling done for spouse. I filed 485 based on my PERM labor. Can I interfile this 485 when my wifes labor gets approved from Backlog.
Here is what I got update from my attorney:
"Once the I-140 is approved(EB3, Nov 2004), we will write to the Immigration Service requesting them to apply that priority date to the pending I-485 (EB2, Feb 2006) application."
Hope this helps.
Here is what I got update from my attorney:
"Once the I-140 is approved(EB3, Nov 2004), we will write to the Immigration Service requesting them to apply that priority date to the pending I-485 (EB2, Feb 2006) application."
Hope this helps.
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hydubadi
03-31 02:13 AM
Hello frnds,
Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.
Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.
Please let me know if any one was in this situation and got out of it successfully.
Thanks,
Hydubadi.:confused:
Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.
Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.
Please let me know if any one was in this situation and got out of it successfully.
Thanks,
Hydubadi.:confused:
more...
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santb1975
12-08 11:15 PM
and the easiest Action Item to work on. Rallying fellow IV'ans to contribute and be part of this effort is not easy as clicking on contribute now.
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chansek
07-21 11:38 PM
Hi,
can we send Personnel check for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
can we send Personnel check for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
more...
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sanam9696
07-20 07:16 PM
Thanks everyone for replying.
However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
Please advice.
Thanks very much,
Sick with worry.
Few months back I had a talk with a immigration lawyer retained by my school and he informed me that H1-F1-H1 is not part of the quota..even I was under the same impression as you..but lawyer firmly confirmed the above fact...so u r pretty safe..
However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
Please advice.
Thanks very much,
Sick with worry.
Few months back I had a talk with a immigration lawyer retained by my school and he informed me that H1-F1-H1 is not part of the quota..even I was under the same impression as you..but lawyer firmly confirmed the above fact...so u r pretty safe..
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sdeshpan
07-10 04:44 PM
dude its around 4 yrs.. ;-)
Oh right...I actually wanted to write 3 yrs, ended up typing 2 yrs...and it actually is close to 4 yrs (3.10)...wow!
Oh right...I actually wanted to write 3 yrs, ended up typing 2 yrs...and it actually is close to 4 yrs (3.10)...wow!
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WeldonSprings
10-28 10:40 AM
I think they have started Receipting Delays at NSC. By the way, did you have any RFE on your I-485 in Aug/Sept. 08.
I applied for the renewal of my expired AP on Oct 12 which was received on Oct 14th.But neither the checks are cashes nor any reciept notice received.
Is there anybody else in the same boat,Btw, the service center is NSC.
I applied for the renewal of my expired AP on Oct 12 which was received on Oct 14th.But neither the checks are cashes nor any reciept notice received.
Is there anybody else in the same boat,Btw, the service center is NSC.
sayantan76
07-08 10:39 PM
this is BS.
The interests of indian citizens resident in the USA (all decent taxpayers) are not being taken care of by the US political system. There is a clear pattern of exploitation by employers and neglect by CIS, FBI and others.
In this situation, the interests of Indian citizens should be taken up by the Indian parliament. If they want to shy away from their duty, it should be taken up by the UN.
As far as I know - a large number of us in the USA do not need to pay Indian taxes on our US income.......unlike USA - Govt of India does not tax its overseas citizens' foreign income......(for that matter GC holders are also liable to pay US taxes when they are outside USA).
Under these circumstances and the fact the Govt of India has much more serious issues on hand- I find it very selfish to go ask for their help for a set of relatively well to do, highly educated professionals working for mostly personal gains outside their motherland.......
Its one thing GoI stepping in against exploitation of labor in middle east or advocating for med students in UK - most of us are established professionals who have consciously chosen our battles - we should not shy away from those battles and suddenly ask for motherland's help.....
BTW - I am in the same boat......actually a bit worse perhaps..since I am filed under EB1 and was current till last month and only 2 months or so away from GC before current bulletin......
The interests of indian citizens resident in the USA (all decent taxpayers) are not being taken care of by the US political system. There is a clear pattern of exploitation by employers and neglect by CIS, FBI and others.
In this situation, the interests of Indian citizens should be taken up by the Indian parliament. If they want to shy away from their duty, it should be taken up by the UN.
As far as I know - a large number of us in the USA do not need to pay Indian taxes on our US income.......unlike USA - Govt of India does not tax its overseas citizens' foreign income......(for that matter GC holders are also liable to pay US taxes when they are outside USA).
Under these circumstances and the fact the Govt of India has much more serious issues on hand- I find it very selfish to go ask for their help for a set of relatively well to do, highly educated professionals working for mostly personal gains outside their motherland.......
Its one thing GoI stepping in against exploitation of labor in middle east or advocating for med students in UK - most of us are established professionals who have consciously chosen our battles - we should not shy away from those battles and suddenly ask for motherland's help.....
BTW - I am in the same boat......actually a bit worse perhaps..since I am filed under EB1 and was current till last month and only 2 months or so away from GC before current bulletin......
Prashanthi
09-04 01:34 PM
HI All,
I currently have 797 approval document from Nov 2009 to Nov 2012 and My current 797 document is valid till Nov 2009.When i was coming back from india last week at POE the immigration officer gave me I 94 dated till Nov 2009.I said to him that as i have 797 till Nov 2012 i should get I 94 till that date.But he insisted saying as the current document is still valid he can only go with that.He cant give me I 94 date on my future 797 starting from Nov 2009.I kept asking him for about 5 min but again dint wanted argue a lot as it was border security immigration.
So what should i do now.Can i stay here after Nov 2009 or i need to go to stamping and come back before Nov 2009.What are my options.I don't have any travel plans at least a year from now.Do let me know is it mandatory for me to leave before Nov 2009.Also my New 797 as I 94 attached do you guys think if it is sufficient for me to stay here without any problems.
The officer can only look at the current I-797, cannot give an i-94 as per the future I-797. The other posters were correct last action rule does apply, however in my interpretation of the last action rule since your I-797 is not effective until November 2009 and your entry was before that, your last action in this case will be the latest I-797 and it will therefore be valid. In my opinion the Officer was correct in informing you that their is no problem for you to use your latest I-797 once the old one expires. Make sure you don't have a gap in the dates between the expiry of the old I-797 and start date of the new one.
I currently have 797 approval document from Nov 2009 to Nov 2012 and My current 797 document is valid till Nov 2009.When i was coming back from india last week at POE the immigration officer gave me I 94 dated till Nov 2009.I said to him that as i have 797 till Nov 2012 i should get I 94 till that date.But he insisted saying as the current document is still valid he can only go with that.He cant give me I 94 date on my future 797 starting from Nov 2009.I kept asking him for about 5 min but again dint wanted argue a lot as it was border security immigration.
So what should i do now.Can i stay here after Nov 2009 or i need to go to stamping and come back before Nov 2009.What are my options.I don't have any travel plans at least a year from now.Do let me know is it mandatory for me to leave before Nov 2009.Also my New 797 as I 94 attached do you guys think if it is sufficient for me to stay here without any problems.
The officer can only look at the current I-797, cannot give an i-94 as per the future I-797. The other posters were correct last action rule does apply, however in my interpretation of the last action rule since your I-797 is not effective until November 2009 and your entry was before that, your last action in this case will be the latest I-797 and it will therefore be valid. In my opinion the Officer was correct in informing you that their is no problem for you to use your latest I-797 once the old one expires. Make sure you don't have a gap in the dates between the expiry of the old I-797 and start date of the new one.
