San Francisco Regional DOL Tracker

I94 supersedes visa date

I am sure that in all cases the date on your I94 supersedes the date on your visa u could have a visa for 6 months and get a i94 for a year and u won't be out of status . just make sure u have enough documentary evidence to prove it i.e take a copy of ur 194 before u leave the country get it notarized whatever it takes but the date on I94 is what is important.

me.

mnhrdc said:
Can U take the risk that you never enter US in future on any visa in short period of time.
(This out of status period can allways haunt you back at any future stages)
If i were you it is allways safe to go out for year and have chance to comeback for 6 years.

Ofcourse the choice is yours and other gurus can add more comments to this
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rsdighe said:
I am sure that in all cases the date on your I94 supersedes the date on your visa u could have a visa for 6 months and get a i94 for a year and u won't be out of status . just make sure u have enough documentary evidence to prove it i.e take a copy of ur 194 before u leave the country get it notarized whatever it takes but the date on I94 is what is important.

me.
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Date os I-94 is the date till you can stay in US..

BUT you cannot work more then 6 years from your date of first entry in US on H1B unless you have applied for/approved H1B 7th Year Extension.

Guys, Do not take risk of working even 1 day more then 6 years without Extension.. Its not worth it.
 
Makes sence

This make sence,
Thanks GP111,
The new light in my vision with your reply is..
I dont need to leave the country till I-94 says, but I should follow up with the GC Process by being in US but not being on any payroll.
Am I correct?

Great guys always helps!!

Regards,
--The Geek, want to be Green

gp111 said:
Date os I-94 is the date till you can stay in US..

BUT you cannot work more then 6 years from your date of first entry in US on H1B unless you have applied for/approved H1B 7th Year Extension.

Guys, Do not take risk of working even 1 day more then 6 years without Extension.. Its not worth it.
Click to expand...
 
Thanks GC Guru,
If THe employee is in USA and working for another employer( employee worked for the Original employer and changed job while GC in on its way)
what happens?

also I wold like to know what are the pros and cons of "Counsular Processing"?
thanks in advance..

--The Geek

mnhrdc said:
Basically a Skilled Labor Green Card Process is for Future Employee hence the future employee need not be in Pay Roll.
Alternatively If he is allready in USA and working with same employer some other benefits like EAD, AC21 can be utilized other wise he should go to Consular Processing in his Native country. So
A employee need not be present in any of these process

1.LC
2.I-140
3.I485

In simple term and not detailed.
At LC - Min gaurenteed Salary is verified
At I-140 Emloyers ability to Pay is verified
At I-485 Again it is verified and if he is allready with employer by means of Pay roll cheques.
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GC_Geek said:
Thanks GC Guru,
If THe employee is in USA and working for another employer( employee worked for the Original employer and changed job while GC in on its way)
what happens?

As long the GC sponsorer (Employer A) obtains GC without witdrawing in any stages the process will continue and GC is issued to the future emloyee.
The employee need NOT have to be with (Employer A) at any stages

At I-140 stage Employer can choose to process through CP (which makes sense if the future employee is in his home country). If the future employee is in US he has to make travel arrangements (expenses) for counsular Interview.

Why other than BIL or Philonthropic company will sponser this kind of situations unless employee is not ready to join at least at I-140 stage with the sponser. I too love to work this kind of company. :D
also I wold like to know what are the pros and cons of "Counsular Processing"?
thanks in advance..

Pros
You dont need H1 from sponserer
Consular Process considered to be fast than adjudicating being in US

Cons
If your H1 counting is <6 years the employee will able to comeback to US, if CP is not adjudicated
If he as Not any period left for 6 yrs ie Extension cases he cannt come back.
No EAD for Employee and Spouse
There is no Appeal and no Attorney representation for any RFE redressels.

-The Geek
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A few out of my hat if required more we should take off the line
 
Approval(s) ????

I just found one case certified. :(

Case#---Cert-RD-------OCC/DOT---
9559365 4/18 4/7/2003 999.519-071
 
How long for labor papers to get to Lawyer

My Labor was certified on Mar30. Lawyer says he still hasn't recieved the papers. He's saying it takes 2-4 weeks for the papers to get to him. Any one knows about this?

Date sent to Federal. 04Apr2003
Approval: 30Mar2005.
 
vpHope said:
yes
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I am not 100% sure of this. Some times we find AVM updated in the evening, and some times in the morning.

The last case I have posted did say received last night at about 10:10PM PST. This morning at abt 5:45AM PST, the status was changed to Certified.
 
they are working hard

you would wish they are working hard , certifiying over cases overnight, wouldn't that be utopia :)
no pun intended, thans for info

me
rajhmal said:
I am not 100% sure of this. Some times we find AVM updated in the evening, and some times in the morning.

The last case I have posted did say received last night at about 10:10PM PST. This morning at abt 5:45AM PST, the status was changed to Certified.
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LC approval notice from the DOL

How long (on avg) for Lawer to receive LC approval notice from the DOL after it is updated on the AVM?
Thanks
 
GC_Geek said:
I am also in the same boat exactly with a little change in the dates (worse then KAB_AAYEGA_Bhai's case.

I am planning to take a risk according to the I-94 date and join new compny "Y".

Mentally prepared to leave USA in case I am unlucky in this risk

-- The Geek
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Hi GC_geek, mnhrdc and all

Thank you for your responses.

Don't take the risk its not worth it. It could cause problems during 1-140/485.

In my case I think I have a work-around ...... Y wants me to join them. Y says they can recapture my days out of USA and give me more breathing room for filing new LC under PERM. They can do this while doing H1 transfer. These days recapturing has become easy. Do not need to prove if the stay was business or pleasure. I have around 134 days out of USA in last 5 years. If I get those back...... aaha! I don't have to rely on incorrect I-94 days. See if you have something like this that can be recaptured. Make sure you send magnified color copy of the entire passport for entry stamps visibility if you do not have all the boarding passes. And hell No! I am not joining Y if they are not able to recapture.

KAGC
 
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gc_dreams said:
Can someone explain what is a NOF or 3 option letter ?
Thanks
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NOF - Notice of Findings and 3 options usually accompany NOF are

1) Withdraw labor
2) Re-test the Market again with ads.... and submit results to DOL
3) Withdraw from RIR processing and send back to SWA for processing as NON-RIR
 
rajhmal said:
NOF - Notice of Findings and 3 options usually accompany NOF are

1) Withdraw labor
2) Re-test the Market again with ads.... and submit results to DOL
3) Withdraw from RIR processing and send back to SWA for processing as NON-RIR
Click to expand...
Thanks Raj.
 
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