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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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new_horizon
07-14 06:43 PM
I had an EAD (OPT) soon after I completed school in 1999 and after that I switched to H1B. I am now considering filing an EAD: Should I file a New or a Renewal EAD? Thanks.
madmonkey
10-06 10:00 AM
Moral of the story: Dont trust ur employer! ;)
2011 16 Year Old Pregnant.
rahul2699
05-19 04:43 PM
Hi,
I got a dream job offer and I have not yet applied for OPT. I have not graduated from school and that's why I applied for CPT.
I just want to know can I work on CPT till my OPT arrives? Also would it be of concern to my employer that I am working on CPT as long as I am eligible to work legally full time? Is that something I should intimate my employer about before joining?
I would appreciate if someone can reply really soon.
Thanks a lot.
You should not have any problem working on CPT as long as the job is related to your field of study. Your employer will know this by looking at your CPT card since it has an expiration date. Be aware that when you apply for OPT you have to get your OPT effective date as CPT expiration date if you want to continue working.
I got a dream job offer and I have not yet applied for OPT. I have not graduated from school and that's why I applied for CPT.
I just want to know can I work on CPT till my OPT arrives? Also would it be of concern to my employer that I am working on CPT as long as I am eligible to work legally full time? Is that something I should intimate my employer about before joining?
I would appreciate if someone can reply really soon.
Thanks a lot.
You should not have any problem working on CPT as long as the job is related to your field of study. Your employer will know this by looking at your CPT card since it has an expiration date. Be aware that when you apply for OPT you have to get your OPT effective date as CPT expiration date if you want to continue working.
more...
dskhabra
09-22 08:57 AM
My H-1B petition is currently under processing in Vermont sevice center.
The receipt status shows it was recieved on May 8th and currently pending.
The processing dates on the USCIS website show May 31st as the current date.
Any reason why I still didnt receive a decision from USICS for my H-1B Petition? Does this mean anything? Or can i still keep the hope that I may receive a decision from USCIS?
They usually try to approve most of the new H1B before 9/30. You might get it approved in this week.
The receipt status shows it was recieved on May 8th and currently pending.
The processing dates on the USCIS website show May 31st as the current date.
Any reason why I still didnt receive a decision from USICS for my H-1B Petition? Does this mean anything? Or can i still keep the hope that I may receive a decision from USCIS?
They usually try to approve most of the new H1B before 9/30. You might get it approved in this week.
wandmaker
10-23 01:39 AM
USCIS will send 2 FP notices for the same appointment date & time, If you have filed G28 for your I-485, one to your attorney and one to you.
more...
wonderlust
07-30 01:28 PM
I don't have a lawyer. I will do the correction myself when I get the receipt.
Good luck to you.
Good luck to you.
2010 Need good ideas for a
acecupid
06-12 04:30 PM
Guru, I intend to seek your opinion/thoughts on some thing that is going on in mind.
I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India
The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.
My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)
Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)
Didnt you ask your desi company how they will help in GC process if you join full time ?
I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India
The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.
My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)
Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)
Didnt you ask your desi company how they will help in GC process if you join full time ?
more...
dontcareanymore
12-18 05:28 PM
Hi
I am transferring my H1 to a firm on full time basis(not consulting company, product based). Currently I am on a project with A and I am going to transfer my H1 to B (which is 6 yrs old, american based company). I have pay slips from past 4 months, and I was on bench for 2 months where I didnt get my pasylips. For transfer I gave my past 4 months pay slips.
I have 2 questions here.
1) With company A, my LCA was not accurate. My LCA was of NY state & I am working in NJ.
Will this create any issue for my H1 transfer with company B which is VA and they have got the approved LCA.
2) Will there be any issue with my 2 months pay slips (which are of July & Aug). Right now I have submitted my H1 transfer with past 4 months payslips (Sep,Oct, Nov & Dec).
Please advice, I will really appreciate your suggestions on this ASAP.
Thanks
Since you already have last 4 months pay slips and currently working , I dont see a problem , as long as your future employer can show that they have a legitimate opening and can pay you.
I am transferring my H1 to a firm on full time basis(not consulting company, product based). Currently I am on a project with A and I am going to transfer my H1 to B (which is 6 yrs old, american based company). I have pay slips from past 4 months, and I was on bench for 2 months where I didnt get my pasylips. For transfer I gave my past 4 months pay slips.
I have 2 questions here.
1) With company A, my LCA was not accurate. My LCA was of NY state & I am working in NJ.
Will this create any issue for my H1 transfer with company B which is VA and they have got the approved LCA.
2) Will there be any issue with my 2 months pay slips (which are of July & Aug). Right now I have submitted my H1 transfer with past 4 months payslips (Sep,Oct, Nov & Dec).
Please advice, I will really appreciate your suggestions on this ASAP.
Thanks
Since you already have last 4 months pay slips and currently working , I dont see a problem , as long as your future employer can show that they have a legitimate opening and can pay you.
hair hairstyles Personalized Baby
roseball
03-08 09:09 AM
My in-laws attended visitor visa interview at Hyderabad Consulate on 25th Feb. My mother-in-law (not working) got her visa (no questions asked) but father-in-law (an electrical engg manager, still working for central govt) was asked to fill out a questionnaire related to his professional experience and then given a white slip with a case number/email address and asked to email his resume/CV for further processing. He was told it would take 7 days to process his application.
I tried searching for similar cases on various forums and found some cases but couldn't find information on how long they took to approve the visa. So I was just wondering if anybody here has any further updates on such cases. Appreciate any feedback.
TIA.
I tried searching for similar cases on various forums and found some cases but couldn't find information on how long they took to approve the visa. So I was just wondering if anybody here has any further updates on such cases. Appreciate any feedback.
TIA.
more...
ski_dude12
10-24 08:10 PM
http://www.hindu.com/2008/10/24/stories/2008102458770100.htm
Why is beautiful_mind in all reds?
Why is beautiful_mind in all reds?
hot after our 3 month old baby
paskal
05-29 10:48 AM
they are decreasing from 140,000 to 90,0000....
note that even though this bill is just not good enough for relief that fact is that the number of GC available to a backlogged country like india goes up about 150% under the new 190,000...this does not include the 14,000 additional numbers from the MBS.
Why?
only for backlog, so no EB1 (28.6%) and no EB2 except india and china. also country quota increased to 10%
so available numbers eg india increase from 5,600 to 9,000 (+14,000 MBS)
i put up a detailed calculation for this earlier on somewhere
search for it if you are really interested.
note that even though this bill is just not good enough for relief that fact is that the number of GC available to a backlogged country like india goes up about 150% under the new 190,000...this does not include the 14,000 additional numbers from the MBS.
Why?
only for backlog, so no EB1 (28.6%) and no EB2 except india and china. also country quota increased to 10%
so available numbers eg india increase from 5,600 to 9,000 (+14,000 MBS)
i put up a detailed calculation for this earlier on somewhere
search for it if you are really interested.
more...
house For her 6-month portrait in
Queen_of_Sheeba
05-07 01:05 AM
help me with this guys: My employer applied for an H-1B under the Master's cap, but I've been RFE'd. I think this is cause the job is classified as only requiring a Bachelor's degree. If that is the case, would it be possible to withdraw my application and reapply under the regular cap? Is this a good idea? And am I right that there are tougher requirements for being accepted in the Master's cap than the regular cap?
I'm meeting with my boss tomorrow to discuss this so please reply quick!!!
I'm meeting with my boss tomorrow to discuss this so please reply quick!!!
tattoo of their 4-month-old baby
GC20??
07-30 02:33 PM
Hi,
I took an infopass appt for EAD pending more than 90 days. Both my EAD and my wife's EAD is pending for more than 90 days. Should I take 2 different appointments or can we both go in the same appointment.
Thanks.
I was successful in getting information for me and my wife in the same appointment twice. But to be safe I will book another appointment. If the IO had a bad day he/she may reject to give infomation on your wife's case :)
I took an infopass appt for EAD pending more than 90 days. Both my EAD and my wife's EAD is pending for more than 90 days. Should I take 2 different appointments or can we both go in the same appointment.
Thanks.
I was successful in getting information for me and my wife in the same appointment twice. But to be safe I will book another appointment. If the IO had a bad day he/she may reject to give infomation on your wife's case :)
more...
pictures an 11-month old baby
gctoget
08-10 06:31 PM
bump
dresses circa 6 months old
kannan2010
11-12 07:15 PM
I am working as a biomedical research fellow on a J1 visa for the last 3 years in a non-profit research institute but they cannot sponsor my H1B. I am planning to get a J1 waiver and apply for H1B as I plan to work in the private industry. I am not sure whether I can apply for H1B without an employment offer? I would appreciate any suggestions.
more...
makeup and 6-month-old son Jacob.
beautifulMind
10-24 04:12 PM
http://www.hindu.com/2008/10/24/stories/2008102458770100.htm
girlfriend Here is beautiful 6 month old
wandmaker
01-10 01:02 AM
1, Manner of Last Entry into the U.S.: Should I choose PAR (PAROLEE) or H1B (SPECIALITY OCCUPATION)?
2, Status: Should I choose PAR (PAROLEE) or H1B(SPECIALITY OCCUPATION)?
3, Please select your eligibility status : Should I choose (a) (4) PAROLEE or (c) (9) FILED I-485?
Your status is Parolee for 1,2 and 3
2, Status: Should I choose PAR (PAROLEE) or H1B(SPECIALITY OCCUPATION)?
3, Please select your eligibility status : Should I choose (a) (4) PAROLEE or (c) (9) FILED I-485?
Your status is Parolee for 1,2 and 3
hairstyles be 6 months old this week.
Onesimus
02-26 02:20 AM
@NyteStarNyne & Kirupa : Thanks :)
smaram1
07-02 05:35 PM
I am in the same state as your's. After talking with Lawyer and after reading lot of forums, i went ahead and submitted with PAR:PAROLEE for both Manner of Last Entry and Current Immigration status.
I am not lawyer :) but that's waht i went with and submitted just yesterday
I am not lawyer :) but that's waht i went with and submitted just yesterday
redgreen
11-03 05:30 PM
You can walk-in and get FP done without any problems. I did it 2 weeks before the specified date (at another location) when I went there to the Boston office to accompany another person. Just showed the FP notice (for a different location) and they didn't ask anything.
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