NEW THREAD FOR 420 -CSOFT-NJ based company

NewVictim2005 said:
If she has valid visa stamp, she need not go for stamping again. But she need to go out of country and come back with new I94. Recheck with your attorney again. He might mean that its easy to get back to H4 because she can goto Canada/Mexico one day and comeback. If she goes to Canada, ask her to go by flight. If she goes by road they dont give I94.
None of us in the forum has better knowledge than UN/Tammy2.

OH MY GOD, IS THIS TRUE?
I have already booked the ticket to Seattle and from Seattle, I plan to go to Vancouver by car. I plan to get the visas stamped and drive back to Seattle and take the flight home from Seattle. IS THIS TRUE THAT IF I CROSS THE BORDER FROM CANADA TO USA BY CAR, I DONT GET A I94?
 
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ajay_sanghvi said:
OH MY GOD, IS THIS TRUE?
I have already booked the ticket to Seattle and from Seattle, I plan to go to Vancouver by car. I plan to get the visas stamped and drive back to Seattle and take the flight home from Seattle. IS THIS TRUE THAT IF I CROSS THE BORDER FROM CANADA TO USA BY CAR, I DONT GET A I94?

They will issue I-94 if you don't have one. Nothing to worry about.
 
unitednations said:
I go back and forth quite a bit by land and air.

However, I have multiple entry and if you stay less then 30 days outside USA they generally don't give Canadian Citizens a new I-94 card.

Also, if you don't have valid visa stamp but you go to canada and stay less then 30 days they will let you back in without visa stamp as long as you have an unexpired I-94 card.

If you ask for a new I-94 card they will give you one.

Call POE in Seattle and ask them.

Earlier they used to allow like that. I think now they changed it and we need visa stamp. I know some people went to India from Canada, as US consulate there asked them to get stamping in home country and they were not allowed to come back to US.
 
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gp111 said:
They will issue I-94 if you don't have one. Nothing to worry about.

Hey GP,
Good to see that your labor was approved and you filed the I140 and I485. Good luck.


Thanks everybody for the responses.
But I am still confused. Is it ok to travel by car. Will they give me a new I94?
BTW, my wife will need a visa stamping because her H4 will expire soon.
 
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Intersting news

DId anyone knows why our 140's are denied?.There are some rumours saying that,there may be a new reason on denial notices.

'N' is scared on new reason mentioned by USCIS.
 
unitednations said:
i'm researching this as we speak. The situation you speak is when one has a valid I-94 card but no visa stamping?

If one doesn't have unexpired I-94 card and needs visa stamping and US consulate doesn't give it then you can't re-enter USA because of expired I-94 card from canada.

It looks like valid visa stamp is required to comeback to US irrespective of I94.
 
ajay_sanghvi said:
Hey GP,
Good to see that your labor was approved and you filed the I140 and I485. Good luck.


Thanks everybody for the responses.
But I am still confused. Is it ok to travel by car. Will they give me a new I94?
BTW, my wife will need a visa stamping because her H4 will expire soon.

My friend said that they will give new I94 while you are entering US. He went there recently from Seattle by car for stamping. So there should not be any problem.
 
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blocklisted200 said:
DId anyone knows why our 140's are denied?.There are some rumours saying that,there may be a new reason on denial notices.

'N' is scared on new reason mentioned by USCIS.

Whats the reason they are telling?
 
NewVictim2005 said:
My friend said that they will give new I94 while you are entering US. He went there recently from Seattle by car for stamping. So there should not be any problem.

Thanks NewVictim2005
 
LaborScamVictim said:
Thank you dyingforgc. I already talked to my attorney and she is not willing to provide me the details (as she got instructions from the company not to reveal any details). 485 should have my current address and I didn't receive any information. Is there any way I can able to find why my 140 got denied?

Legally, your attorney must give you details about your I-485 case (you must know your rights). It's your petition.

I-140 is employer's petition. So your employer and attorney can refuse to give you all the details. However, you can request for FOIA at USCIS and get all the details on your I-140. Read USCIS site for FOIA http://uscis.gov/graphics/aboutus/foia/request.htm
 
Gurus Please Advice.............

To,
UN,Jharkhandi,Tammy,......Pls advice

I am applying for 7th year extension from another company using substitute labor.If this labor gets denied in future will my 7th year extension still be valid?I believe there is something in yates memo which covers me.

Please Clarify.

Are there any links/info on the same?Pls provide.
 
ajay_sanghvi said:
OH MY GOD, IS THIS TRUE?
I have already booked the ticket to Seattle and from Seattle, I plan to go to Vancouver by car. I plan to get the visas stamped and drive back to Seattle and take the flight home from Seattle. IS THIS TRUE THAT IF I CROSS THE BORDER FROM CANADA TO USA BY CAR, I DONT GET A I94?

That is what I wanted to tell you. While entering the Canada that you are planning to stay for around 40 days. So they will take I-94. You can come back next day. If asked You can say there is an emergency and you want go back.
 
unitednations said:
It is an interesting question. Since USA will let you back in from Canada if your stay was less then 30 days and you don't have a visa stamp but i-94 card is valid, you could get new I-94 card and be back in status. It is within the law and people have done it, who didn't have valid visa stamping, but had unexpired I-94 card, made a day trip and USA POE gave new I-94 card.

Newvictom2005 thanks for jogging my memory on this one.

The reason they don't take I-94 card when you enter Canada is that you don't pass through USA immigration/customs on your way to the canadian side.

check this link https://www.nvars.com/use/wEntry.jsp

Its clearly written :-
ATTENTION

Due to an April 1, 2002 change in regulations, applicants will only be able to re-enter the United States if they are found eligible for a new visa and actually have the visa stamped in their passport. I-94 forms (even if valid), accompanied by previous expired visas, will no longer be valid for the automatic re-entry of persons from Canada or Mexico if during their visit they applied for a new visa that has not, in fact, been issued.

so visa stamp in passport is MUST.
 
unitednations said:
item in blue is key. if you applied for a visa during your stay and it was refused. You need to read the whole thing. Give POE a call. There was another person on the boards who posted recently, he used this rule to go out and re-enter without visa stamping.

Good catch. If that's the case then people whose status is toast from H1 to EAD and want to convert back to H1 can easily go and come back to canada without stamping (if they fear of not having it stamped in canada and plan to visit home country later time) if they have valid I-797 h1-b approval notice from previous employer eventhough their visa is expired in the passport? Because most of the people here are bothered about getting back to h1 status. stamp is not important at this point. If by just visiting canada, showing valid I-94 one can get back to H1 status, I guess people won't bother about stamping until they visit home country. UN, please comment on this.
 
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Hi
I am in 8th year. I got my denials in the last week. I dont have H1 with anyother company. So I have to leave the country under any circumstances. but the thing is My wife cannot travel in flight right now because of health conditions. Is there any possible way that I could get my stay until my wife gets better? Any suggestions ?
Thanks
 
Belmont99 said:
Hi
I am in 8th year. I got my denials in the last week. I dont have H1 with anyother company. So I have to leave the country under any circumstances. but the thing is My wife cannot travel in flight right now because of health conditions. Is there any possible way that I could get my stay until my wife gets better? Any suggestions ?
Thanks

Use one of the Kishore's techniques he mentioned in one of his posts to delay your departure from the country.
 
unitednations said:
That's what I would do. go to canada don't bother with visa stamping and return with a new I-94 card.

Just in case POE does not give a new I-94 card; in future immigration applications, it asks date of last entry and status. The date of entry would be when you made this little trip which would differ with I-94 card. You would definitely get an RFE on it. Although it is understood that between canadian/us border they don't always give new I-94 card; they want proof, evidence that you departed and re-entered. Usually an affidavit with some receipts/expenditures you made in canada during your visit and receipts/expenditures when you came back usually suffice USCIS.

This sounds wonderful. No worry of stamping in canada as one can do it any later time. also we can try using Tammy's idea that tell them you are visiting canada for 40 or so days, so that they will take your I-94 and issue new one coming back after a day or two. do you see any risk in coming back w/o stamping. I understand that it's written that ONLY IF VISA STAMPING IS NOT DONE WHEN APPREARED, can they ask for stamping? any concerns to think about?
 
Is there any way for persons who do not have a valid- I 94 and Visa stamping on Passport to get a Canadian Visit Visa in case they get their 7th Yr H1B extension without a I 94 card?

Any suggestions in such case for Visa Stamping?

It is now pretty clear that we can benefit from just travelling to Canada and return without stamping which enables the change of status..but to get to Canada how to get a Visit Visa is the problem.



unitednations said:
call the port of entry you want to go to.

Personally, I don't think it is a good idea to tell the Canadian POE that you are staying for 40 days. I don't know how long they give visitor visa for. If you state 40 days, then you better have the luggage, itinerary, where you are staying, etc. You need to have a plan of what you are going to be doing for 40 days for them to let you come in. Don't compound the problem by telling a little white lie.

All of you are already nervous; any little lie while you are nervous will compound the problem.
 
unitednations said:
call the port of entry you want to go to.

Personally, I don't think it is a good idea to tell the Canadian POE that you are staying for 40 days. I don't know how long they give visitor visa for. If you state 40 days, then you better have the luggage, itinerary, where you are staying, etc. You need to have a plan of what you are going to be doing for 40 days for them to let you come in. Don't compound the problem by telling a little white lie.

All of you are already nervous; any little lie while you are nervous will compound the problem.
Visa you get for six months. There should not be any problem with that. People in Buffalo use to do this.
 
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