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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.:)
My confirmation receipt says.
Please mail in any supporting documentation to this address:
US Mail:
Attn: E-Filed I-765
USCIS Nebraska Service Center
P.O. Box 87373
Should this be send by USPS or Fedex. What did you guys do?
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NPR – National Public Radio
We are gathered here today to pay our final respects to John McCain’s integrity.
It died recently – turned a triple somersault, stiffened like an exclamation point, fell to the floor with its tongue hanging out – when the senator told Newsweek magazine, “I never considered myself a maverick.”
Statesman to politician!!!!!
As a politician he is focussed on getting re-elected and he is moving in the direction of
political wind. The atmosphere against immigration in US has turned toxic in recent years, exactly the very reason why democratic party is not keen on CIR.
Can someone please help if they can? This is an urgent matter .
Thanks in advance.
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What did the USCIS do?
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Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me “aged-out” by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.
Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I’ve filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $ 70 and $ 400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might’ve done all these for nothing. I’ve talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven’t paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.
On top of everything, DREAM act just got rejected from the congress as I’m getting ready to graduate from college. I have no idea what to do.
With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I’m immobilized by the system which I don’t see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.
Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.
If there is any hope, your help/advice/inputs will be greatly appreciated!
(for visa and for traveling); although not strictly implemented, this might create problems. Next, an expired passport is not considered to be a valid ID document.
Is there any problem if your passport is expired while on H1 visa?
Do we need to get the passport renewed before it is expiring?
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Have anybody stamped their H1 visa in UAE?
I heard a lot of people stamping in Canada and Mexico – but not any other countries.
Any issues going to other countries?
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Job desc is the key, Hope you are talking about a hypothetical scenario. if you are talking about a real scenario you need to take a look at job requirements and desc. If the case is a substituition case then proof of burden is on employer. I think if we are talking about a real scenario then one should get an RFE before a denial.
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I am OPT Student ( STEM Extension), I got a full time job in May & joined the company, Before joining the company knows that i am OPT Student.
After a week, I came to know that company was not e-verified company, still working with them on OPT…& asked them to apply for H1.
My company dont want to everify at this point, since they will make many new hire & dont want to add additional steps in hiring.
We filed H1 start as Oct 1, 2010, though i joined in May , also i did not inform my school my new Job.
They applied for H1 through premium processing & Got an RFE. I asked the attorney what is about RFE, she told its about
” they are requesting verification that you really are an employee of my company and how my company h has control over my work. The deadline for the information to be sent back is September 22, 2010.
Can anyone advise me, how i can prove myself in this case…..
what are chances !
Please post your valuable thoughts & exp.
thanks.
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