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  • Macaca
    07-08 10:48 AM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    He received a notice of intent to denial last month. Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001. His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days).

    I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?





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  • mariner5555
    04-14 02:16 PM
    I cannot agree more. I have been trying to drill this into some peoples brain but they are so adamant on renting and has made this thread into a rent vs buy argument. I finally gave up. I am not saying that this is the right time to buy. Fast forward 2 or 2+ years, lets assume the market is good. Then when it comes to rent vs buy I advocate buying a house.

    Let�s say you have a small kid and you are living in an apartment, after 10 years you save enough money to buy a big house and you then eventually you buy it. Then you ask the your kid �do you like the house?�. He will reply �it�s very nice dad, but can you give you give my childhood now?.�. Go figure out guys. If you are not planning on going back for a very long time then at-least get a life in the country you reside and when the housing market is good.
    wow you come back to the same argument again ..and you tell others. maybe you should ask your child ..would you prefer that I spend more time with you or is it o.k if I see you only on weekends.
    you are saying the others are not understanding your point ..but at the same time you are not understanding the other side of argument.
    basically you are equating a bigger house means better childhood ..which is plain wrong. maybe your case or for few lucky people that maybe the case ..but I suspect for 99 percent of people ..maintaining and buying homes means they have to slog harder and that means less time for kids !!





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  • Refugee_New
    01-06 02:32 PM
    Yes, they definitely have...Hamas should stop using school kids as human shield before complaining. Heres link for you - http://www.youtube.com/watch?v=elyXQ6g-TJs

    Gaza is a small town where more than 1.5 million people live there. Hamas is part and parcel of Gaza because they are elected by palestinian people and wherever they go, its full of people. Its a small land with crowded people. Gaza is like a crowded market.

    Again you are trying to justify the killing of innocent school kids and civilian. This is a big LIE constantly told by media to cover up the massacre. This is part of their divide and rule strategy. This Lie is something similar to WMD claim.

    Do you think Indian police will bomb the crowded street in order to kill a theif, then blame the theif that he is hiding behind civilian?





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  • nogc_noproblem
    08-28 10:07 PM
    Married for Money:

    "It's just too hot to wear clothes today," Jack says as he stepped out of the shower. "Honey, what do you think the neighbors would think if I mowed the lawn like this?"

    "Probably that I married you for your money," she replied.



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  • DoNotWorry
    04-08 12:18 PM
    This might be good for developing countries!!!! Don't worry guys, the world will evolve on new terms. As Bill Gates told, if workers can not come here, the Companies will go to that Countries.





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  • redcard
    03-23 12:07 PM
    I just wanted to point out that please be careful of what personal information you give as this is a "Incoming Call" and it is hard to verify the authenticity of it.


    Be very careful of these calls. I am not sure why would USICS call up when they have unlimited Postal Budget. In case they do need anything I am sure they would send a letter asking for information. Secondly if they do call, its always safe to ask the name and phone number of the person calling and say that you would call back or check with your attorney before giving out any information. I would not be surprised if the vigilante groups who are working against the EB immigration system could be doing this. As regard to emailing documents, I would personally ask for a mailing address and send it to them by overnight through a documented carrier rather then an email.

    Lets not forget even Sarah Palin got a call from Nicolas Sarkozy :)



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  • 485Mbe4001
    09-30 03:01 PM
    He had proposed a very harsh H1b revamp and a total revamp of the L1 visa system.
    for example companies hiring H1 would have had to certify and attest that multiple american candidates were interviewed for the poisition. The prevailing wage had to be the highest of three measures (i forget which 3). Transfers were limited or restricted. On the other hand the Dream act simply gave citizenship to any illegal attending high school. The Senator talks about humane immigration and i agree to a certain extent but it should be humane for legals too.


    Yes, you are right, the recent 485 denials for people using AC-21 have nothing to do with Obama/Durbin immigtaion policy. But I kind of remember there were some harsh provisions for people using AC 21 in CIR 2007 version. I am trying to find out the details about it.
    Correct me if I am wrong.





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  • NKR
    09-26 09:31 AM
    Chandu, you have brought up an interesting topic, but frankly speaking I do not expect anything to change, for a majority of us if at all anything changes it is going to be for the worse, sorry to sound pessimistic but looking at the unfair processing of cases in the last couple of months, I have lost faith in the system�



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  • chanduv23
    03-24 10:55 AM
    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.

    UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.

    No one is taking on or poking at USCIS.

    On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.

    When we talk about good faith employment - it is the relationship that exists during the terms of employment.

    While your analysis makes sense - we really never know what is happening behind the scenes.





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  • redcard
    03-23 12:07 PM
    I just wanted to point out that please be careful of what personal information you give as this is a "Incoming Call" and it is hard to verify the authenticity of it.


    Be very careful of these calls. I am not sure why would USICS call up when they have unlimited Postal Budget. In case they do need anything I am sure they would send a letter asking for information. Secondly if they do call, its always safe to ask the name and phone number of the person calling and say that you would call back or check with your attorney before giving out any information. I would not be surprised if the vigilante groups who are working against the EB immigration system could be doing this. As regard to emailing documents, I would personally ask for a mailing address and send it to them by overnight through a documented carrier rather then an email.

    Lets not forget even Sarah Palin got a call from Nicolas Sarkozy :)



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  • srinivas06
    08-05 02:23 PM
    I am really surprised to see a post like this and people taking about this.
    Several years back I have applied in EB3 category as my previous employer that is stupid Satyam computers manager did not give experience letter with the Skill Set due to some personal reasons. My company needs the experience letters with the Skill Set and all the Skill set should be mostly same as per our company lawyer. Now I have 11 years of experience with Bachelors in Engineering and I make decent money than most of the EB-2 guys. Do you want me to stay with EB-3 and you want to restrict me not to apply or port to EB-2? What kind of thinking is this?

    People wake up! Please discuss about what we can do collectively to solve the problem. Not wasting time on all these nonsense.





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  • chanduv23
    05-16 09:16 AM
    Cool down.....

    I am not saying Infy and others are doing it right. If US asking more explanation that is fine with me, they should have used their brain before approving cases, not after. My point is consulting is not new to H1, even so called big company also do that via "permanent job".

    All big companies including google,, yahoo, msft use tons of h1b consultants from Infy etc....

    So if Infy gets affected, literally these firms get affected.

    It is all a power game, where the fittest will survive. it may only be the weaker and smaller firrms that will find it difficult to adapt to such situations.



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  • xyzgc
    12-22 09:35 PM
    With all due respect XYZGC, I never said Kashmir should be gifted to Pakistan. What I have said is for a UN supervised solution. And I did not change my mind on that. We have fought three major wars and spending crores to maintain the status quo but to what end. It just a pain in @$$.

    I share you concerns about Hindu minority in Pakistan and other Islamic society. But to make it clear neither I am against Islam (Though I DO NOT support the present Islamic Leadership structure) nor I beleive that it is not even remotely possible to covert India into a Islamic Society. But one should be prepared just in case.

    On the other hand , I do beleive that by declaring Pakistan a terrorist nation it will force them to take some drastic steps.

    Yes, we agree. I am also not against islam but against islamic leadership, especially the hardliners who seem to be ruling the Pakistani and drowning out the voices of the moderates and intellectuals there. In fact, nobody is against any individual.
    And you never used the word "gifted". You already provided your reasons for saying whatever you did.





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  • ssa
    06-24 06:18 PM
    You should compare only the interest part of your mortgage payment when comparing with rent.

    Not exactly. Whatever one saves by renting can be invested somewhere else. So the apples to apples comparison would be the return homeowner gets on the amount of his monthly mortgage payment that goes towards the principle (home equity) to the return the renter gets on the difference he invested. Return on home equity is currently negative all over US (houses declining in price) where as you still can get some positive returns on 100% safe investment like CDs or US treasury bills.

    In any case majority of your payment for the first five year goes towards paying interest. So unless you expect hosue prices to rise in next 3-4 years - a remote possibility, the best we can hope for is they stabilize - there is no monitory benefit to be gained by buying now against renting for some more time and saving more money for your future down payment.



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  • Macaca
    05-09 05:44 PM
    Still, Sometimes, a Great Nation (http://www.nytimes.com/2011/05/07/us/07iht-currents07.html) By ANAND GIRIDHARADAS | New York Times

    The commando who shot Osama bin Laden just above the left of his doe eyes could forever remain a ghost to Americans. His name may never be revealed; his tell-all may never be written; he, unlike other American eminences, may never be featured on �Celebrity Apprentice.�

    But this ghost is a hero to a nation in need of a little stimulant. For many Americans this week, it was at once grisly and lovely to receive a reminder, courtesy of a revenge killing, that American vigor still has its moments.

    These have been tough years for American power: years of a sick economy that cannot easily be healed; of wars that cannot, tactically or definitionally, be �won�; of new powers that have risen under the shelter of the Pax Americana and now will not be told what to do. Great numbers of Americans now fear that their children will not lead lives as bounteous and carefree as theirs.

    And then there they were: dropping from their ladders, clearing and holding corridors, shooting to kill, escaping before anyone could interfere. The unseen scene resonated so well, perhaps, because Americans have been trained to know what it looked like. This, at least as the White House narrated it, was a standard-issue action movie midnight raid.

    A raid of this dramatic kind is one of those things at which America remains unrivaled, in cinema and in real life. And so it was a moment to relive a feeling of unmitigated American supremacy. In this domain at least, there is no country like America on earth.

    The trouble with the killing of Bin Laden, though, is that the triumph is an island. Victory in Abbottabad does not foreshadow greater victories in Iraq or Afghanistan, or over terrorism in general. As in so many areas of American life today, the country can do spellbinding things no other one can do, but it often struggles to perform the more prosaic feats on which its long-term fate may more heavily depend.

    Consider the realm of technology, in which America, once again, has the finest elite commandos: Google, Facebook, Twitter, Netflix, Apple, Pandora. Time and again, when breakthrough technologies come, they come from America. What is the chance of a Chinese search engine displacing Google, or a game-changing device like the iPhone sprouting in France?

    And yet America does not lead the world technologically in the more prosaic ways. It does not have the best or most cost-efficient mobile phone networks. The average American Internet hookup is two and a half times slower than that in South Korea. The country lacks adequate retraining programs to move people from waning professions like telemarketer and sewing machine operator into new roles in the technology sector.

    It is the same with education. America is home to the greatest concentration of research universities in the world, with the best laboratories and faculties as well as, arguably, the top students. More Nobel laureates inhabit certain American campuses than live in certain moderately sized countries.

    But beyond the elite corridors of American education, it is a different story. Last year, the results of the standardized Program for International Student Assessments, given to 15-year-olds worldwide, found the United States behind 16 other countries in reading and 22 in science. In response, the American education secretary, Arne Duncan, spoke of �the brutal truth that we�re being out-educated.� And that was before the recent round of budget cuts and teacher layoffs across the country, which might well make it even harder for America to be middling in the world.

    And so it is in health care, where America has, at one end, the Mayo Clinic and the Cleveland Clinic and Massachusetts General Hospital, which the richest patients in the world still choose over most alternatives; and, at the other end, tens of millions of uninsured people, a condition that is all but unique in the industrialized world.

    So it is with immigration, where the United States continues to attract the brightest immigrants in the world, while failing year after year to resolve the massive and messy question of illegal immigration. So it is with banking, in which the United States is the leader in employing complex transactions like credit-default swaps, but has struggled with the more basic task of pairing businesses with loans.

    The commandos of Abbottabad are, then, like the commandos in any number of American fields � elite troopers who play at the highest levels in the world, but whose successes are wholly their own, not easily replicated beyond their little world.

    This duality of the world-beating Americans and the world-trailing ones perhaps suggests an emerging reality of U.S. life after globalization: It may be that America the country can remain vitally competitive, even as vast numbers of Americans � perhaps a majority � have a lower quality of life than prevails elsewhere. As with the U.S. Navy Seals in Pakistan, so dynamic is America�s elite that its dynamism can offset the lagging behind of others. If a country gains a $20-million-a-year hedge fund job and loses 400 $50,000-a-year industrial ones, after all, its national income figure stays the same.

    But there is the problem of the 400 people � and of the 40,000 and the 40 million. There is a sense in many corners of America of there no longer being space for the ordinary, a sense of the collapse of the middle. Parents find themselves wondering how hard to push their children in this dawning age: wondering how clever and focused and dogged they will have to be to remain ahead of the world rather than chase behind it.


    Memo to India, China: The U.S. Still Matters (http://blogs.wsj.com/indiarealtime/2011/05/09/economics-journal-memo-to-india-china-the-u-s-still-matters/) By Rupa Subramanya Dehejia | IndiaRealTime
    Free trade agreements don�t kill jobs (http://dailycaller.com/2011/05/04/trade-agreements-dont-kill-jobs/) By Ryan Young | The Daily Caller
    If You Have the Answers, Tell Me (http://www.nytimes.com/2011/05/08/business/economy/08view.html) By N. GREGORY MANKIW | New York Times
    Woman of the World (http://www.vanityfair.com/politics/features/2011/06/hillary-clinton-201106) By Jonathan Alter | Vanity Fair
    What�s a college education worth?
    Engineering and accounting degrees may provide most opportunity (http://www.marketwatch.com/story/whats-a-college-education-worth-2011-05-03)
    By Jennifer Openshaw | MarketWatch
    The Best Cities For Jobs (http://blogs.forbes.com/joelkotkin/2011/05/02/the-best-cities-for-jobs/) By Joel Kotkin | New Geographer
    Firms Feel 'Say on Pay' Effect (http://online.wsj.com/article/SB10001424052748704473104576293140070753066.html) By JOANN S. LUBLIN | Wall Street Journal
    As Labor Costs Rise, Spotlight Is on Benefits (http://online.wsj.com/article/SB10001424052748704473104576293583385838072.html) By JOE LIGHT | Wall Street Journal





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  • Beemar
    12-29 12:01 AM
    Sorry everybody. The war did not break out as I was anticipating. I thought Indian leaders have developed some spine. I should have known better.

    India is no Israel. Israel launched a war on Gaza in retaliation for some rocket attacks which killed, well, zero Israelis. They at least know what the most effective defense is, its called offense.



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  • Macaca
    12-29 08:07 PM
    Watch Out for Russian Wild Card in Asia-Pacific (http://www.realclearworld.com/articles/2010/12/29/watch_out_for_russian_wild_card_in_asia-pacific__99333.html) By John Lee | Australian

    Just before we were tucking into Christmas turkey and plum pudding, Russian President Dmitry Medvedev met his Indian counterpart Prime Minister Manmohan Singh in New Delhi to reaffirm what the Russian leader called a "privileged partnership" between the two countries.

    By contrast, Australia sees little role for Moscow in the future Asian balance of power, where the former superpower was mentioned in passing only twice in the 2009 defence white paper.

    But other countries are not making the same mistake.

    If India is the "swing state" in Asia's future balance of power, as a prominent CIA 2005 report put it, New Delhi is well aware that Russia remains the wild card in the region.

    Medvedev and Singh signed more than 20 agreements ranging from agreements to supply India with natural gas, reaffirming a commitment for a third Indian nuclear power plant to be built by Russian engineers, and the signing of a contract for the joint development of between 250-300 fifth generation fighter aircraft.

    Over the next 15 years, it is estimated that every second overseas nuclear reactor built by the Russians will be in India, while New Delhi could be the destination for more than half of all Russian arms exports in the next five years.

    It is no surprise that Russia is pulling out all the stops to court India.

    After all, its two main exports - energy and arms - are exactly what India needs.

    There is a long economic and strategic history of partnership between the two countries that began in the 1950s when the former Soviet Union and India became allies.

    But just as Moscow sees new opportunities in a rising India, New Delhi still sees value in a declining Russia.

    The problem for Russia is not just the collapse of the Soviet Union in 1991 and a patchy commitment to economic reform after the Boris Yeltsin era, but a declining population.

    Russia has experienced periods of dramatic population decline before, from 1917-23, 1933-34 and 1941-46.

    Since 1992, and despite the absence of famine or war, Russian deaths have exceeded births by a staggering 13 million.

    With 141 million people now, numbers could be as low as 120 million by 2030.

    Nevertheless, there are strong reasons to believe that Russia can play the wildcard role in Asia's future balance of power.

    First, the common wisdom that Russia is moving closer to China in order to counterbalance America and its European and Asian allies and partners is incorrect, meaning that the Russian wild card is still very much in play.

    While Russia is preoccupied with regaining its influence in parts of eastern Europe, Moscow is also warily watching China's unauthorised movements into Siberia and the Far East.

    Beijing is about six times closer to the port city of Vladivostok than is Moscow, which has very weak administrative control over its eastern territories.

    Already, an estimated 200,000 to 500,000 Chinese nationals have illegally settled in these oil, gas and timber-rich areas.

    Beijing is also tempted by Siberia's freshwater supply, given that China already has severe shortages throughout the country.

    The Russian Far East is inhabited by only six million people, while the three provinces in northeast China have about 110 million Chinese inhabitants. By 2020, more than 100 million Chinese will live less than 100km to the south of these Russian territories, whose population will then number between five million and 10 million.

    As Medvedev recently admitted, if Russia does not secure its presence in the Far East, it could eventually "lose everything" to the Chinese.

    The point is that Russia will have as much reason to balance against China's rise as encouraging it. As the godfather of geopolitics, Nicholas Spykman, put it, the key is to control the Rimland (Western, Southern and Eastern) Eurasia.

    A small handful of long-sighted strategists in Washington, Tokyo, Moscow and New Delhi see potential for a grand alliance of convenience that can effectively constrain Chinese influence in Central, South and East Asia. How Russia plays its strategic cards in this context will go a long way in shaping Eurasia.

    That Russia may choose to tilt the balance against China in the future is also backed by diverging world views of these two countries.

    Should China continue its rise, Washington, Tokyo, New Delhi and Moscow will seek a favourable multipolar balance of power in Asia, even if it remains under American leadership.

    By contrast, China sees the coming regional and world order as a bipolar one defined by US-China competition, with powers such as the EU countries, Japan, India and Russia relegated to the second tier, something that is very difficult for a proud "Asian" power such as Russia to accept.

    Second, a declining Russia retains significant national and institutional strengths. For example, Russia will remain a legitimate nuclear military power with a large and pre-existing nuclear arsenal. It is also a genuine energy superpower and a global leader in advanced weaponry technologies.

    These factors all but guarantee Moscow a prominent position in the future strategic-military balance.

    Furthermore, Russia will retain its veto as a permanent member of the Security Council.

    Given the difficulty of reforming the council, Moscow will continue to exercise a disproportionate influence through the UN, even if it continues to decline as a country.

    Finally, Russia has that indefinable quality of seeing itself as a natural great power. This all adds up to Russia remaining a big player in Asia, with significant ability to influence, disrupt and complicate the plans of other great powers, even if it can no longer be dominant.

    New Delhi and Beijing believe that Moscow is well position to remain Asia's wild card.

    Australia should prepare for this as well.

    John Lee is a foreign policy fellow at the Centre for Independent Studies in Sydney and a visiting fellow at the Hudson Institute in Washington, DC.





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  • Legal
    08-08 02:22 PM
    1.Losing all your friends

    Man comes home, finds his wife with his friend in bed.
    He shoots his friend and kills him.
    Wife says "If you behave like this, you will lose ALL your friends."

    2. Brother wanted

    A small boy wrote to Santa Claus,"send me a brother"....
    Santa wrote back, "SEND ME YOUR MOTHER"....

    3. Meaning of WIFE

    Husband asks, "Do you know the meaning of WIFE? It means 'Without Information Fighting Everytime'!"
    Wife replies, "No, it means 'With Idiot For Ever'!!!"

    4. Importance of a period

    Teacher: "Do you know the importance of a period?"
    Kid: "Yeah, once my sister said she has missed one, my mom fainted, dad got a heart attack & our driver ran away."





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  • msp1976
    02-16 10:45 AM
    If your proposed legislation is defeated, there is frequently another opportunity to reintroduce it. Don�t be discouraged. Often it takes several tries to pass a measure, especially one that seeks to bring about an important change.

    If you win, do not get complacent. Monitor implementation and make sure your legislation is fully funded. Look out for opposition attempts to undo or diminish your victory by trying to repeal your legislation, filing litigation to overturn it, or seeking regulations to significantly weaken its implementation.





    milind70
    07-10 08:18 PM
    My situation goes something like this.

    1) I got 7th year extension in Sep 2005
    2) Visited India and got stamped and got new I-94 on return.
    3) Applied for 8th year extension without submitting new I-94.
    but applied with old replacement I-94 came with I-797.
    4) So the same I-94 continued on subsequent I-797 extensions.
    5) Recently applied for 9th year extension with the same.

    My Question is, do I need to submit last entry I-94 card that I missed which is expired now, for correction? Or is there any issue with this.
    All these years I have the same employer.

    I appreciate your help on this.

    Thanks
    -BMS

    There are two things

    1. when you got your 7th year extension 797 with I 94 , you were supposed to submit that I 94 ( on 797) along with the i 94 in your passport.
    This is important most people dont do it .
    2. when u aplied for 8th year extension u submitted the 797 of the 7th year along with the i 94 attached to it( which you were suppose to submit when you left the country for 7th year stamping) hence the I 94 number did not change. Your I 94 are out of synch.

    I would suggest to talk to an immigration attorney and i mean a real good one .
    Otherwise you could talk to an immgration officer and expalin your case.
    Or you could now go out get stamped and get a new I 94 9make sure this time you submit both the I 94s when you leave)

    I had a very peculiar situation where i had to travel outside the country when my H1 extension was pending and it got approved when i was out of the country and when i got a new i 94 when i came back with a new number than the one with i 94 on 797 ( which was of a later date)
    I spoke to immigrtaion officer and he heard me my circumstances and said i was in status and my i 94 were in order.
    Last year i went to my home country and got stamped and got a new i 94 but i submiited the two i 94s when i left the country.





    delax
    07-13 12:33 PM
    Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

    That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?

    Again - want to continue a healthy debate, but as per the law, EB2 is more skilled than an EB3 and therefore gets precedence regardless of the date. If we split up the spill over 75/25 between EB2 and EB3 then what answer do we have to the more skilled EB2 candidate who did not get a visa number because a less skilled EB3 took the number based on an arbitrary split up (75/25) and because the EB3 has an earlier PD. Does it meet the meritocracy test which is the intent of the law.

    I may sound plain and harsh but thats the categorization as per existing law not my personal opinion.