ita
05-16 10:17 AM
Called all of them
Some of them said they would pass on the message (but I noticed they didn't make a note of the bills ..I was wondering if they know these bills on the top of their head). some of them said they have received lot of calls from IV.
The person I spoke with(David) when I asked for Ruben Hinojosa said that Ruben Hinojosa is pro-immigration . He said he(David) spoke with the Congressman about these issues and said Rep. is aware of skilled immigration problems.He said that though Zoe Lofgren sub committe is sponsoring the bills Ruben is working with his colleagues in favour of the bills.
Said Democrtas are trying to get a Democrat into '' (I don't remember where now, may be White House) so a broader immigration law can be passed.
He said after August recess some of the immigration bills would be passed.
Thank you.
Some of them said they would pass on the message (but I noticed they didn't make a note of the bills ..I was wondering if they know these bills on the top of their head). some of them said they have received lot of calls from IV.
The person I spoke with(David) when I asked for Ruben Hinojosa said that Ruben Hinojosa is pro-immigration . He said he(David) spoke with the Congressman about these issues and said Rep. is aware of skilled immigration problems.He said that though Zoe Lofgren sub committe is sponsoring the bills Ruben is working with his colleagues in favour of the bills.
Said Democrtas are trying to get a Democrat into '' (I don't remember where now, may be White House) so a broader immigration law can be passed.
He said after August recess some of the immigration bills would be passed.
Thank you.
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gc_bulgaria
10-09 04:18 PM
http://www.immigration-law.com/
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer’s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physical location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensue. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer’s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physical location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensue. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
logiclife
03-28 01:40 PM
This is already IV's number one priority on the goals of this org and we are trying to translate this goal and other goals into legislation.
Remember, everyone in the core group also wants this as this can be the life-saver of every person since EAD allows us to have a safety net after you have finished 6 years on H1.
--Jay.
Remember, everyone in the core group also wants this as this can be the life-saver of every person since EAD allows us to have a safety net after you have finished 6 years on H1.
--Jay.
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manja
06-29 04:17 PM
Thank you all for your help/suggestions. I'll try to add my wife in my employer plan, may be with lower premium and higher deductible for now. Also there is this insurance I found called 'HTH global citizen' that covers pregnancy after 12 months.
more...
vivache
09-19 01:46 AM
"They are a privately owned LLC ( trust) and if I open a trading account with them, then I am accepted as a 'member' of the trading firm and at the end of the fiscal year, they would provide me a K1 tax form which would reflet my share of profits from my stock trades."
What does being a member mean?
does it mean that you are their employee? Which you cannot be .. since you are on h1 and they haven't filed one for you.
Are you a shareholder? If yes .. on a h1 you have the right to be a shareholder in any company .. (eg .. if you own Oracle stock .. you are a share holder there.)
"Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that."
Yes .. the rule is this .. you can own any business .. internet or otherwise .. and can draw an income or profit. But .. you cannot work for that organization as say the CEO or Director Marketing. The reason being .. on a h1 visa .. you can only work for your employer. So essentially you can be an employer .. hire people .. etc ..even process h1's .. but cannot work : ).
What does being a member mean?
does it mean that you are their employee? Which you cannot be .. since you are on h1 and they haven't filed one for you.
Are you a shareholder? If yes .. on a h1 you have the right to be a shareholder in any company .. (eg .. if you own Oracle stock .. you are a share holder there.)
"Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that."
Yes .. the rule is this .. you can own any business .. internet or otherwise .. and can draw an income or profit. But .. you cannot work for that organization as say the CEO or Director Marketing. The reason being .. on a h1 visa .. you can only work for your employer. So essentially you can be an employer .. hire people .. etc ..even process h1's .. but cannot work : ).
rkgc
08-20 02:02 PM
Hi All,
If we can get one thing fixed, it should be about adding another step before 485, i.e. people should be able to apply for 485 without the priority date getting current/get EAD so we can move to different companies. At-least it clears lot of head-aches for me. I know that I am dreaming, but hey... that's all I got.
RK
If we can get one thing fixed, it should be about adding another step before 485, i.e. people should be able to apply for 485 without the priority date getting current/get EAD so we can move to different companies. At-least it clears lot of head-aches for me. I know that I am dreaming, but hey... that's all I got.
RK
more...
lazycis
12-21 01:31 PM
Here is a shortened version:
1151
d) Worldwide level of employment-based immigrants
(1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to—
(A) 140,000, plus
(B) the number computed under paragraph (2). (i.e. unused family-based visas from the previous year)
1153
(b) Preference allocation for employment-based immigrants
Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(EB-1) Priority workers
Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5)
(EB-2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(EB-3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(4) Certain special immigrants
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 1101 (a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 1101 (a)(27)(C)(ii) of this title, and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 1101 (a)(27)(M) of this title.
(5) Employment creation
(A) In general
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership)—
i.e. for each country EB1 gets (140,000 + number of unused FB visas from the previous year) * 0.07 * 0.286 = 2802 + something insignificant, same for EB2 and EB3.
If there are unused visas, they go from EB1 to EB2 to EB3, but they are lost at the end of the fiscal year. Unused visas from 4th and 5th category can be added to that number as well (usually in the 4th quarter of the fiscal year). Please note that at the end of the fiscal year per country limits may be lifted if there are unused visas left.
1151
d) Worldwide level of employment-based immigrants
(1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to—
(A) 140,000, plus
(B) the number computed under paragraph (2). (i.e. unused family-based visas from the previous year)
1153
(b) Preference allocation for employment-based immigrants
Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(EB-1) Priority workers
Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5)
(EB-2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(EB-3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(4) Certain special immigrants
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 1101 (a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 1101 (a)(27)(C)(ii) of this title, and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 1101 (a)(27)(M) of this title.
(5) Employment creation
(A) In general
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership)—
i.e. for each country EB1 gets (140,000 + number of unused FB visas from the previous year) * 0.07 * 0.286 = 2802 + something insignificant, same for EB2 and EB3.
If there are unused visas, they go from EB1 to EB2 to EB3, but they are lost at the end of the fiscal year. Unused visas from 4th and 5th category can be added to that number as well (usually in the 4th quarter of the fiscal year). Please note that at the end of the fiscal year per country limits may be lifted if there are unused visas left.
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san3297
06-29 03:36 PM
Hi Martin,
Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.
If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.
Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.
If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.
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vkmurthy260
06-23 05:57 PM
I went to mexico and came back with new I 94 .
Thanks
Kris.
Thanks
Kris.
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RajForGC
03-31 07:56 AM
I am applying 2nd PERM on April 3rd week, job is little different at least postion is little higher than the EB3, but they fall under the same O*net, not sure what is gonna happen, as of attoreny we can able to get approve, but some of the people says DOL will take more time to decide 2nd PERM, lets see.
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srinivas_o
01-08 12:37 PM
Thanks a lot to everybody whoever answered my questions.
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Sachin_Stock
11-09 10:16 AM
I don't know which position your company and lawyer are advertising, but 7 years requirement sounds catered and more specific. 5 years is standard, and general.
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freedom_fighter
01-14 07:21 PM
anyidea how long does it take for the actual card to come, after getting the CPO email. I checked my status says, welcome notice sent something.
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jthomas
03-25 10:56 AM
Give us some relief during the period of recession and make some rules for H1B guys to stay legal and claim unemployment benifits
1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
2. Don't send RFE to those in EAD during the this time of recession.
1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
2. Don't send RFE to those in EAD during the this time of recession.
more...
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greyhair
09-08 01:10 PM
If by stoke of miracle private outsourcing is banned, the price of almost every product and service will increase by many fold. Everyone is scared of inflation because of lenient monetary policy. If outsourcing is banned, it will result in price increases many times more than the price increases caused by inflation.
It will make sense if a candidate running behind in the election polls would adopt the slogan "ban outsourcing". Other than that it is unwise to think that banning outsourcing will have any positive impact on the people in US. Obama ran on the platform of banning or putting restrictions on outsourcing, didn’t he? What happened? Why did he not ban outsourcing? The truth is, even when a few million people are hurting, outsourcing has overall huge positive affect for most Americans. Even when people don’t like outsourcing, they are always looking for latest cheaper goods. Are you not looking for deals on websites hosted in Canada or China or wherever? If it is good for you (buyer) to get access to goods in open competitive market, then why is it not good for companies to buy the things from open competitive market?
It will make sense if a candidate running behind in the election polls would adopt the slogan "ban outsourcing". Other than that it is unwise to think that banning outsourcing will have any positive impact on the people in US. Obama ran on the platform of banning or putting restrictions on outsourcing, didn’t he? What happened? Why did he not ban outsourcing? The truth is, even when a few million people are hurting, outsourcing has overall huge positive affect for most Americans. Even when people don’t like outsourcing, they are always looking for latest cheaper goods. Are you not looking for deals on websites hosted in Canada or China or wherever? If it is good for you (buyer) to get access to goods in open competitive market, then why is it not good for companies to buy the things from open competitive market?
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shahuja
02-06 09:28 AM
i just called DOS. He asked for my visa type and passport number. He said "your visa has been issued in Jan. Call the New Delhi consulate and they should let you know if it would come through mail or do you need to go pick it up"
what happens next ?? how long after this stage it takes to get the visa ?? are there any other checks that could be going on ?? ONCE DOS approves are there any other agencies like FBI, KCC doing some other approvals as well ?? if you know what happens next let me know..waiting for posts..
so now i know I am not stuck due to PIMS and DOS cleared and approved my visa in Jan..what else then ??
what happens next ?? how long after this stage it takes to get the visa ?? are there any other checks that could be going on ?? ONCE DOS approves are there any other agencies like FBI, KCC doing some other approvals as well ?? if you know what happens next let me know..waiting for posts..
so now i know I am not stuck due to PIMS and DOS cleared and approved my visa in Jan..what else then ??
more...
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sasimks75
08-23 06:35 PM
Thanks very much for your quick reply.
I have asked my lawyer to fill i140 in PP. But he said they can not because the original labor certificate is not available and USCIS will have to locate the original certificate which make sense.
Any my question is, my Priority date is June 2004. What happens after the I140 approval? Will they have to apply another i485? or use existing i485? if yes, how do they communicate to USICS to convert the old i485 from Eb3 to Eb2?
I have asked my lawyer to fill i140 in PP. But he said they can not because the original labor certificate is not available and USCIS will have to locate the original certificate which make sense.
Any my question is, my Priority date is June 2004. What happens after the I140 approval? Will they have to apply another i485? or use existing i485? if yes, how do they communicate to USICS to convert the old i485 from Eb3 to Eb2?
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ashwinicool67
04-27 07:18 PM
Hello,
I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.
I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.
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lp2007
11-01 05:31 PM
I think she should not have any problem with her future visits.
My mother visits every year and spends 6 months with us since the last 6 yrs and never had an issue. She extended her stay one time.
One of my friends mother was given a 3 month stamp one yr during b'coz she had extended her previous visit and stayed 3 months already in the same year. So the officer told her she could only stay for 6 months in any given yr, but later she extended and stayed longer and has visited US 2 times after that without any issues.
USCIS takes between 6 weeks to <nn> weeks to process the request.
One important thing you want to take care is, U need to send original i-94 card while requesting extension of stay and when u leave i-94 has to be returned at the airport. If your mom-in-law leaves before the application is approved, you want to be sure to save the extention documnets and mail the i-94 card back. And make sure to carry the extension approvals next time she travels so there is no confusion about unauthorized over stay. This happened with my mom. We received her approval after she had already left. So I mailed her approval to her prior to her next visit and she was fine.
I hope this helps.
My mother visits every year and spends 6 months with us since the last 6 yrs and never had an issue. She extended her stay one time.
One of my friends mother was given a 3 month stamp one yr during b'coz she had extended her previous visit and stayed 3 months already in the same year. So the officer told her she could only stay for 6 months in any given yr, but later she extended and stayed longer and has visited US 2 times after that without any issues.
USCIS takes between 6 weeks to <nn> weeks to process the request.
One important thing you want to take care is, U need to send original i-94 card while requesting extension of stay and when u leave i-94 has to be returned at the airport. If your mom-in-law leaves before the application is approved, you want to be sure to save the extention documnets and mail the i-94 card back. And make sure to carry the extension approvals next time she travels so there is no confusion about unauthorized over stay. This happened with my mom. We received her approval after she had already left. So I mailed her approval to her prior to her next visit and she was fine.
I hope this helps.
abhijitp
01-20 05:59 PM
Thanks everyone who showed up. We actually did better than we had expected.
A total of 55 letters signed today, and will be dispatched tomorrow to the White House and to IV.
Go NORCAL, go IV!
A total of 55 letters signed today, and will be dispatched tomorrow to the White House and to IV.
Go NORCAL, go IV!
GCard_Dream
06-18 04:42 PM
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
Support CIR only after seeing something for EB non-ROW or atleast legal immigration in general.
We need to oppose CIR till we see such a provision.
Support CIR only after seeing something for EB non-ROW or atleast legal immigration in general.
We need to oppose CIR till we see such a provision.
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