girishc
06-16 10:28 PM
I thought I would post on how I resolved my expired I-94 issue today. Could be of help to someone.
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
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Lord Rahl
03-25 01:26 AM
Nice pencils! Is this graphite?!
Not sure, I have alot of pencils with different materials and shades and I normally just pick some at random when I draw. lol, but it probally was. I also got some ruler looking thing which I just recently figured out was for shading. :)
Not sure, I have alot of pencils with different materials and shades and I normally just pick some at random when I draw. lol, but it probally was. I also got some ruler looking thing which I just recently figured out was for shading. :)
saravanaraj.sathya
07-25 12:45 PM
I think we should make this thready a sticky so that everyone could reply.
2011 Gaga. Before she was famous:
chaukas
06-18 12:39 AM
I haven't filed 2006 return yet. does it matter ?
more...
ragool25
08-26 01:36 PM
No one to shed answer for my thread.
Please respond if anyone knows!
Please respond if anyone knows!
nonlimit
02-10 07:20 PM
Hi,
I would have some questions concerning my case (didn't really find anything related).
- Up until December I was in the States under a F-1 visa.
- During December my H-1B was approved for my job which starts in February.
- I left the States at the end of December and reentered in February 2010 under the H-1B.
- I will start work in February and applied for a Social Security Number yesterday.
Now I'm not sure how to file taxes for 2009.
Due to the sign-up Bonus which I got for my new job I received a W-2 form which has 2009 written on it. 25% of my Bonus was withheld. Since I was a student in 2009 I'm not sure whether that is too much or the normal amount. Any ideas?
Are there any special forms I have to fill out due to this Bonus? Moreover: Is the Software I use for making my taxes independent of my Visa status? Do I have to indicate somehow that I was an F-1 last year and am now an H-1B. I mean I didn't even have a SSN last year.
I'm really lost here :(. Any help is appreciated.
Christian
I would have some questions concerning my case (didn't really find anything related).
- Up until December I was in the States under a F-1 visa.
- During December my H-1B was approved for my job which starts in February.
- I left the States at the end of December and reentered in February 2010 under the H-1B.
- I will start work in February and applied for a Social Security Number yesterday.
Now I'm not sure how to file taxes for 2009.
Due to the sign-up Bonus which I got for my new job I received a W-2 form which has 2009 written on it. 25% of my Bonus was withheld. Since I was a student in 2009 I'm not sure whether that is too much or the normal amount. Any ideas?
Are there any special forms I have to fill out due to this Bonus? Moreover: Is the Software I use for making my taxes independent of my Visa status? Do I have to indicate somehow that I was an F-1 last year and am now an H-1B. I mean I didn't even have a SSN last year.
I'm really lost here :(. Any help is appreciated.
Christian
more...
moonrah
09-23 03:39 PM
Another question on the form:
In G-639 form, Should port of entry and date of entry be the latest one or when we entered first time in the US?
In G-639 form, Should port of entry and date of entry be the latest one or when we entered first time in the US?
2010 Exclusive Pictures:Lady Gaga
javadeveloper
03-28 07:20 PM
Are you sure that if the employer is not revoking 140, (but they will cancel h1b ) i can join some other employer after receiving EAD.
Canceling h1b doesn't affect I-485.I am not sure about I-140 part.
Canceling h1b doesn't affect I-485.I am not sure about I-140 part.
more...
sathweb
07-12 08:15 AM
This USCIS fiasco seems to have more twists than Anna Nicole Smith case.
Here is new father of the fiasco:
http://www.immigration-law.com/
07/12/2007: Truth to Rumor of Resrictionist Senators Having Influenced USCIS Decision of July 2007 EB New Filing
There is an unconfirmed source of information that a couple of restrictionist U.S. Senators influenced the USCIS decision to reject July applications for their alleged fear that since July 2007 Visa Bulletin would open a flood gate of hundreds of thousands of 485 applications, the public might take it as the government giving out a sort of "amnesty" to these floods of people. We hope that there is no truth to such rumor. However, if it is true, it is indeed shocking that individual legislators could interfere with the government process on "personal" basis and without the formal legislative process of public notice and participation. We urge the U.S. Senate to get to the bottom of this rumor and take appropriate action for correction under the Senate rules.
Here is new father of the fiasco:
http://www.immigration-law.com/
07/12/2007: Truth to Rumor of Resrictionist Senators Having Influenced USCIS Decision of July 2007 EB New Filing
There is an unconfirmed source of information that a couple of restrictionist U.S. Senators influenced the USCIS decision to reject July applications for their alleged fear that since July 2007 Visa Bulletin would open a flood gate of hundreds of thousands of 485 applications, the public might take it as the government giving out a sort of "amnesty" to these floods of people. We hope that there is no truth to such rumor. However, if it is true, it is indeed shocking that individual legislators could interfere with the government process on "personal" basis and without the formal legislative process of public notice and participation. We urge the U.S. Senate to get to the bottom of this rumor and take appropriate action for correction under the Senate rules.
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gc28262
03-15 11:26 PM
Please see the link.
http://immigrationvoice.org/forum/blog.php?b=39
The new job has to be same or similar irrespective of whether you transfer on EAD or H1.
http://immigrationvoice.org/forum/blog.php?b=39
The new job has to be same or similar irrespective of whether you transfer on EAD or H1.
more...
sss9i
03-23 05:41 PM
Hi,Advise please!
1)I got H1B visa stamp until June 30,2007. Sampe company (Hospital), I got extension approval notice until July 30,2007 (i.e 30 days).
2) Hospital applied for New H1B (Change of employer) from July 31st,2007 until June 30,2010.
Can i go for stamping in June (OR) I have to wait for until July 30,2007.
Thank you.
1)I got H1B visa stamp until June 30,2007. Sampe company (Hospital), I got extension approval notice until July 30,2007 (i.e 30 days).
2) Hospital applied for New H1B (Change of employer) from July 31st,2007 until June 30,2010.
Can i go for stamping in June (OR) I have to wait for until July 30,2007.
Thank you.
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rajenk
10-01 01:04 PM
Ours got approved approved today 10/01/2010.
Cheers
Raj:)
Cheers
Raj:)
more...
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bkarnik
03-16 02:48 PM
Abqguy:
I have not seen the letter myself, but from the content, it appears to be a specific reply to your letter. I request you to get a couple of friends together and schedule a meeting with the Senators local office. IV website has lots of resources and if you were to let us know once you have the meeting set up, one of us will get in touch with you and brief you on how to conduct the meeting.
Thank you for your help. Keep us posted.
Bkarnik
I have not seen the letter myself, but from the content, it appears to be a specific reply to your letter. I request you to get a couple of friends together and schedule a meeting with the Senators local office. IV website has lots of resources and if you were to let us know once you have the meeting set up, one of us will get in touch with you and brief you on how to conduct the meeting.
Thank you for your help. Keep us posted.
Bkarnik
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Paisano
05-01 08:58 PM
1) As per the law, you and your husband both are supposed to leave the country the next day. But USCIS generally allows upto 30 days to leave. As per the law, he can not stay for a couple of weeks to look for another job. Both of you are supposed to leave the country.
2) Yes. You both will be out of status but you will not be accuring unlawful presence if your I-94 is valid. You will start accuring unlawful presence once the employer withdraws H1B petition. The unlawful presence is the one which will make your bar from the country for 3 years (after 180 days and under 1 year) or 10 years (more than a year).
3) No. It may not be a issue with GC processing. Under 245 rules, unlawful presence upto 180 days is allowed.
4) You have to submit your I-539 petition along with your husband's H1B petition. Your status is tied to your husband's status.
2) Yes. You both will be out of status but you will not be accuring unlawful presence if your I-94 is valid. You will start accuring unlawful presence once the employer withdraws H1B petition. The unlawful presence is the one which will make your bar from the country for 3 years (after 180 days and under 1 year) or 10 years (more than a year).
3) No. It may not be a issue with GC processing. Under 245 rules, unlawful presence upto 180 days is allowed.
4) You have to submit your I-539 petition along with your husband's H1B petition. Your status is tied to your husband's status.
more...
pictures Lady Gaga Lost Temper On TV
newfoundland
08-24 06:51 AM
Hi,
I am from Buffalo, i would like to come .. i am not sure yet.
how many are coming from buffalo?
________----
EB2-NIW
PD - March 2003
i485 RD - august 2003
CSC to NSC - March, 2007
waiting for GC
I am from Buffalo, i would like to come .. i am not sure yet.
how many are coming from buffalo?
________----
EB2-NIW
PD - March 2003
i485 RD - august 2003
CSC to NSC - March, 2007
waiting for GC
dresses Before she was famous: Girl
blake
03-06 11:57 PM
I currently live in Kingsland, GA... right beside Jacksonville, FL
more...
makeup efore she was famous.
jonty_11
05-14 11:08 AM
Guys no response....Is immigration voice really cold now?
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gcformewhen
09-10 06:59 PM
Thank you uscisc.
I understand. I want to know while processing the H1B withdrawl will they look at 485 and issue EVL RFE?
Thanks
I understand. I want to know while processing the H1B withdrawl will they look at 485 and issue EVL RFE?
Thanks
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carbon
11-01 02:06 PM
Dear Friends,
Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?
My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.
Thanks.
Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?
My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.
Thanks.
anilsal
08-16 02:31 PM
http://immigrationvoice.org/forum/showthread.php?t=12440
flash.stoffer
08-07 12:55 PM
Hi agian.. :)
Now a otherone is ready.. ;)
Hope you enjoy, like the others... :)
http://img333.imageshack.us/img333/1537/dog4ca.gif
Now a otherone is ready.. ;)
Hope you enjoy, like the others... :)
http://img333.imageshack.us/img333/1537/dog4ca.gif
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