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But see that is exactly my question. Say u surrender All your I-94 copies. however on entering they still give you a BRAND new I-94 on the airplane (assuming you are crossing by airplane ofcourse). Now That has a totally new I-94 number than what your H1B I-94 had. That is where i get confused.



In the event you have a new 797 (with a new I94 attached to it), you are expected to staple that to your passport. You'd note that the new 94 WILL have the same number as the old one in the passport (if you've not travelled out of US in the interim period).

In this case I usually take out the old I94s and staple the new one in that place. Don't know if that's right or wrong, but I haven't had an issue until now.

This isn't correct Ronnie. Your non-immigrant status does determine whether you are a Resident alien or a non-resident alien for tax purposes.
Classic example is that while you are on F1 /OPT you don't have to pay social security and medicare.

I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.

If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !

Hi,

I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

Regards
H1BInTrouble

I agree with all of the above advises and add one more thing:

Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.

In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
Good Luck.

Lets start new threads.....
1. ordered
2. approved
3. ordered and approved but not yet received
4. ordered, approved and received


is there anyone on the boat or "ordered and not approved" then we will consider new thread for that also :D

presuming 3500 visas for EB3 from india per year, given about 350,000 were filed recently and presuming about half of that were EB3 india, that means 175,000 are in front of you from India on EB3. so my pd of jan 2006 would become current in about 48 years and yours in about 50. now, others may speculate and extrapolate and say that it's likely to be within a decade based on past experience - i.e RoW not using up its quota and hence spilling over to India, but India EB2 itself is backed up pretty badly & it gets a first shot at it so after these geniuses go green, we get to use that. But again, thats just speculation - so nothing is certain except that it wont be no longer than 50 years based on current law, that too presuming the current law stays as is. lets hope iv succeeds in the backlog efforts in which case the wait would probably be around 3/4 years.

LostInGCProcess, Since you used AP to enter do you now loose your H1 status? just curious to know.

I read in other blogs that your status would be AOS if you enter using AP and not H1-B. If you need to retain H1-b then your I-94 needs to be stamped as that at the port of entry.

Any comments......

Absolutely right, how otherwise do you explain that they issued card production for people with PD's in 2004, (Dates not current in June) on July 2nd and in an hour and then said the visas are unavailable.


NO FIFO whatsoever.

They just saved themselves by retracting the VB of JULY, or else they would have faced lawsuits, and investigation which would have shown all irregularities and fraud.

One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.

Hmm, anyone know how to Photoshop some people into a bubble? :)
Whom did you have in mind? :)

A little deform tool work to approximate the curvature, then blend that and the original image together. PSP has a "geometric effects" tool called "spherize" that would take care of the first part.

its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).
Thank you all for your expert advice!!.. My I140 was approved about a year back.. I am working for one of the top 10 outsourcing co.. so it is very unlikely that they will do an error though we can't be certain..

Dear all,

I am sorry to post here. I know this is wrong but don't know where to go to. My husband does not have any idea about how to invest his money. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?

I rely on him for all this but I get no help.

Thank you for your support.

Again, my apologies.

Give it me and will keep it safe for you....:D

It depends on how much you have to invest, whats your future plan, your background and if there is any family property....

Normally you have to have three different kind of investment. 1/3 - cash, 1/3- property and 1/3 in stock or MF. Again 50:50 here and in India if you have plan to go back to India in the future.

Or consider option one.

http://www.uscis.gov/files/nativedocuments/USCIS_Monthly_Oct07.pdf

also in the monthly newsletter.

OK, following Gary's lead, I tried a facelift also. It was a slow day at work so I had lots of time to play with this. Adobe Photoshop Rescue.... :) A little sloppy in one spot that I can see, but hey, it wasn't for real!

Wearing a badge and walking around doesnt have that much impact. What would make an impact would be if someone from IV was a speaker at the conference and highlighting the issues and wait times faced my legal immigrants from India and China.

Presenting a case study of 2-3 immigrants - one who came and was successful and one who got fed up and went back and became successful would drive home the point nicely.

A little less than 70 days at TSC. Paper filing...

not really, but close.

i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.

Surge:

Your authorized period of stay ended on 10/1. Your marriage does not matter. The only reason you MAY be able to adjust status in your situation is the fact that you married a U.S. citizen. It is VERY risky to leave the United States before your I485 gets approved. Please consult an attorney before doing so. AP does not guarantee re-admittance especially when one was EVER out of status.

When was this initiated and when was it cleared?

I got name check information atlast today. Its cleared
Still waiting for GC Approval. God knows when it will get approved.

Labor Priority Date: May 24, 2006
I -140 Approved: Oct 2006
I-485 RD July 2, 2007
I-485 ND Aug 27, 2007 with SRCXXXXXXX

I applied for my second AP on 08/11/2009, was approved on 09/03/2009, was received at the attorney's office on 09/10/2009. Service center NSC.

No FP was done. FWIW my last FP was in Jan 09.

Thanks for the info

If I am not wrong your EAD/AP will not be processed until after your I140 is approved.Maybe some one comment on this

You can get EAD even if your I-140 is pending.Correct me if I am wrong.

I guarantee you they won't do a thing with it. in fact they won't even be able to take it home (the workers that is) because they are not allowed to, it's almost like accepting bribes, right? Hey I have an idea, let's all apply lipstick and kiss a piece of paper and send that :D yes, even guys, it's for the greater good:D

LOL!

You are missing the point! Those flowers aren't meant for them! It is to show our protest in a unique way that will attract attention from the media! Till date there are only 3 websites that I have come across that covers this fiasco... Don't you want our plight announced in the media???

It may not make a difference today... but it will definitely make a difference tomorrow if we keep it up. Let the public know more about this broken immigration system. Raise awareness about every pain that we go through!

Friends,
How long can one stay out of Canada once landed as a permanent resident? Is it 2 years or 3 years???

I did my landing in July 06 and have received canadian PR but then moved back to US since then and have not visited Canada since.

Can somebody please provide some input on this? Friend of mine told me that i have to move before July, 08 in order to maintain canadian PR status. Is it true?

Many thanks for your input on this.

Refer http://www.murthy.com/pr_thngs.html and search for

"It is also important to understand that the green card approval will be reviewed at the time of the naturalization interview. For employment-based cases, this means inquiries into how long the individual worked for the employer after obtaining the green card. If the period is extremely short, there may be questions about the bona fide nature of the green card process."

As suggested by "Optimystic", any time between 6 to 12 months should be ok.