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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 07-23-2007, 08:06 PM
Member
Priority Date
:
Jan-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Dec 2006
Posts: 93
VMH_GC is an unknown quantity at this point
Default I-94 Expiry Date

Gurus,

can you please tell me whether I-94 expiry date should be taken from I-94 CARD given at the port of entry or I-94 from H1b Extension approval notice when filling up I-485 Form?
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  #2 (permalink)  
Old 07-23-2007, 09:17 PM
Member
Priority Date
:
Jan-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Dec 2006
Posts: 93
VMH_GC is an unknown quantity at this point
Default can anyone answer

Bump ^^^^^^
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  #3 (permalink)  
Old 07-23-2007, 09:48 PM
Junior Member
Priority Date
:
Dec-06
Category
:
EB3
I140 Mailed Date
:
05/06.2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/06.2007
Compare
Join Date: Jul 2007
Posts: 4
shalabhgandhi is on a distinguished road
Default

Its the one on the extension form...well my lawyer told me and thats what I filled.
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  #4 (permalink)  
Old 07-24-2007, 03:16 PM
Member
Priority Date
:
May-04
Category
:
EB2
I140 Mailed Date
:
04/30/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/16/2007
Compare
Join Date: Jul 2007
Posts: 98
mdmd10 is just really nice mdmd10 is just really nice mdmd10 is just really nice mdmd10 is just really nice
Default Please confirm this form your lawyer...

This date is very important and you do not want to enter the wrong date.

I-94 dates are available on the I-797 reciept as well as if one enters the country via air. The latest I-94 that the applicant gets is the one that is valid.

For example, you applied for H1 and got an approved I-797 reciept. Then you went to India and got your visa stamped in your passport and you then came back to the US, and at the port of Entry you filled up a New I-94 form (white card). Then this white card takes precedence over your I-797 notice, since this was the last one obtained. Legally you are permitted to stay in the country till the expiry dateon this white I-94 card.

The later assume if you went in for your H1B extension and then recieved a new I-797 approval with a I-94 stub attached at the bottom (green I-94). Then since this green stub is the latest I-94 you have recieved , you are permitted to stay in the country legally till the expiry date on the green stub.

In case this is just your first I-94, and you haven't gone out of the country yet for any stamping of the visa on your passport, then the green stub I-94 on your I-797 is the one you ought to be referring to.

But once again, please consult your lawyer about this, as there can be various interpratations and you must understand all aspects of it.
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