babuworld
11-19 03:33 PM
Gurus , I dont know if this question have been addressed before. I am currently on H1B and is valid still july 2009. But i dont have stamping on my passport. I am waiting for AP for my wife and myself. If we user AP to India Trip then
1.Is my H1B still valid?
2. What will be the status? My employer didnt apply for EAD at this movement.
Thanks in advance for your suggestions.
1.Is my H1B still valid?
2. What will be the status? My employer didnt apply for EAD at this movement.
Thanks in advance for your suggestions.
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needhelp!
09-16 01:39 PM
Same thing you used your Cingular minutes for :)
This will be your second round of calls.
Calls to ?
This will be your second round of calls.
Calls to ?
lost_in_migration
05-14 07:36 PM
Thanks a lot coreIV
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GumI485
05-14 07:34 PM
We will keep working on this Retrogression issue...
We will fully support IV Core Group in their efforts
Congratulations! to all those who are eligible to apply I-485, but please keep supporting IV's main agenda.
We will fully support IV Core Group in their efforts
Congratulations! to all those who are eligible to apply I-485, but please keep supporting IV's main agenda.
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retropain
08-25 02:02 PM
the media is going to be busy covering the elections till Nov first week or two. so you're not going to get much media coverage.
idea is not bad if it can be implemented correctly, with employer support of course.
idea is not bad if it can be implemented correctly, with employer support of course.
genius
12-14 05:34 PM
My OPT expires around May.I believe the best way is to join some school rather than going for any other Visa Category?isnt it?
Btw ,I asked many lawyers about the OPT extension and they said there is a very little chance that USCIS will approve it unless you have a very very good reason.They are not fools afterall...
I have a Masters from here..and I will be on my F1 again.Offcourse as expected ,the H1B is going to run out in less than a month next year.
Any suggestions would be appreciated.
once again.I will aplly for H1B in April and my OPT expires sometime in May?
Does Kaplan provide courses that issue an I-20?
Thanks in advance!!!!
Btw ,I asked many lawyers about the OPT extension and they said there is a very little chance that USCIS will approve it unless you have a very very good reason.They are not fools afterall...
I have a Masters from here..and I will be on my F1 again.Offcourse as expected ,the H1B is going to run out in less than a month next year.
Any suggestions would be appreciated.
once again.I will aplly for H1B in April and my OPT expires sometime in May?
Does Kaplan provide courses that issue an I-20?
Thanks in advance!!!!
more...
gst76
02-18 05:21 PM
Going to India is definitely better. Especially since it is going to be your first H1b stamping.
If you register for a Canada stamping, a message pops-up saying that if it is your 1st H1b stamping, then go to home country.
As long as your docs are in order, you shouldn't have any problem in India.
Good luck!
If you register for a Canada stamping, a message pops-up saying that if it is your 1st H1b stamping, then go to home country.
As long as your docs are in order, you shouldn't have any problem in India.
Good luck!
2010 Wrist Tattoo.
perm2gc
12-22 06:08 PM
Efren Hernandez III, Director of the Business and Trade Services Branch at INS in Washington, D.C. announced in late December 2001 that the INS does not recognize or provide any "grace period" for maintaining status after employment termination. Mr. Hernandez explained this strict interpretation by reasoning that there is no difference between H1B holders and other non-immigrants, like students, to justify a stay in the U.S. beyond the explicit purpose of their admission. Mr. Hernandez admits that this may cause hardship to some terminated or laid off H1B workers, but believes that the INS position is legally justified.
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
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Sath thesmilingstar
02-24 05:09 PM
Yes.. u can apply for FAFSA.. U do qualify. U can either PM me or Call them directly. They are very helpful.
Good Luck..
RV..
"AP is Advance Parole" to enter US.
yes i did call them and they were asking me for a social security number which i donot have so how do i deal with this.
Good Luck..
RV..
"AP is Advance Parole" to enter US.
yes i did call them and they were asking me for a social security number which i donot have so how do i deal with this.
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peer123
04-10 10:41 AM
I am not sure how to set up a poll question
Can any one who knows how to do it set up a poll question
Have changed job using AC21, after having approved I140 and > 180 days of 485 application?
1. Invoked AC21
2. Invoked AC21 and H1B transfer
3. Did not inoked AC21 but only H1B Transfer
4. Did not change JOB
Thanks
peer123
Can you any one please set up this poll question
Can any one who knows how to do it set up a poll question
Have changed job using AC21, after having approved I140 and > 180 days of 485 application?
1. Invoked AC21
2. Invoked AC21 and H1B transfer
3. Did not inoked AC21 but only H1B Transfer
4. Did not change JOB
Thanks
peer123
Can you any one please set up this poll question
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tonyHK12
11-30 09:14 PM
We need to get all these businesses to join together with Immigration voice and support us by lobbying and funding.
No Great H-1b will come here if its going to take 10-20 years to get a Green card.
I would suggest, lets have another action item to write to these companies about IV and ask for their help for Legal Immigrants that everyone needs.
This is a big thing that is missing so far.
See how the president of the Agricultural board, unions appear on TV asking for support for illegals and also get invited to Congress.
No Great H-1b will come here if its going to take 10-20 years to get a Green card.
I would suggest, lets have another action item to write to these companies about IV and ask for their help for Legal Immigrants that everyone needs.
This is a big thing that is missing so far.
See how the president of the Agricultural board, unions appear on TV asking for support for illegals and also get invited to Congress.
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mhtanim
02-26 10:27 AM
Hi one question,,,if I go home to my country to study using H4 while my GC is pending,then suddenly the GC was sent to my sister here in US,can my sister just mail my GC to me in my country so that if i go back here in the US,i can present my GC to the US immigration???uh!im confussed!thanks!
Congratulations on your GC. Yes, tell your sister to send you the GC by mail. Once you get it, you can get back into the U.S. using your GC. I know few people who have done this. Good luck.
Congratulations on your GC. Yes, tell your sister to send you the GC by mail. Once you get it, you can get back into the U.S. using your GC. I know few people who have done this. Good luck.
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pani_6
12-07 10:50 PM
Please post the name,PH#,state of the senator..for making it easy for others to call please.....
Row the boat we are almost there
Row the boat we are almost there
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logiclife
04-07 08:55 PM
For more than a decade of congressional majority and 6 years of white house, everyone has been accusing Republicans of being close to big business.
Isnt the big business supposed to remove roadblocks like Sensenbrenner?
Where is the evil greedy Big Business when you really need them? Or are they interested in Status Quo too?
Has anyone seen the movie "Fight club"? Do you really want to mess with people who cook your meals, who do your dishes, clean your restrooms, mop your floors, park your cars, pack your meat, build your houses? (Ok, I am kidding) But just because these guys work at near minimum wage levels does not mean they are not important. Who is going to pick lettuce and tomatoes from farmland? Kind of people like the cast of "OC" isnt going to do it. The cast of "Friends"? I dont think Rachel and Ross would pick potatoes.
So what does Sensenbrenner suggest - "Illegal immigrants drive down wages and get exploited. Now that we are done exploiting them, can we send them back?".
Isnt the big business supposed to remove roadblocks like Sensenbrenner?
Where is the evil greedy Big Business when you really need them? Or are they interested in Status Quo too?
Has anyone seen the movie "Fight club"? Do you really want to mess with people who cook your meals, who do your dishes, clean your restrooms, mop your floors, park your cars, pack your meat, build your houses? (Ok, I am kidding) But just because these guys work at near minimum wage levels does not mean they are not important. Who is going to pick lettuce and tomatoes from farmland? Kind of people like the cast of "OC" isnt going to do it. The cast of "Friends"? I dont think Rachel and Ross would pick potatoes.
So what does Sensenbrenner suggest - "Illegal immigrants drive down wages and get exploited. Now that we are done exploiting them, can we send them back?".
more...
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xu1
08-15 09:55 AM
I am not sure whether to go for EB2 filing in PERM or wait one more year to file i485 (hope PD will reach 2003 september by next year october ). Even if i start EB2 perm now it's going to take at least one year to clear labor and i140 (if every thing smooth).
It should be worth it, because you didn't indicate the company would revoke your eb3+I140 approval.. Why not give it a try?
And if you start EB2 perm now, if everything's smooth, you may be cleared within 6-7 months (say, premium I140 is allowed for Eb2 then)
It should be worth it, because you didn't indicate the company would revoke your eb3+I140 approval.. Why not give it a try?
And if you start EB2 perm now, if everything's smooth, you may be cleared within 6-7 months (say, premium I140 is allowed for Eb2 then)
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EndlessWait
06-20 12:10 PM
.. bumping
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kumarc123
08-13 02:09 PM
after rolling out the sept visa ... rao saab aaram kar rahe hain...
kindly not "DISTUB"
:D:D:D
(translation : __mr rao is resting__)
Come on guys, give him a break.
His analysis was accurate, if any of you came across the September 08 bulletin, EB2 advanced by two months. Which equates to what vldrao analyzed in the past, the use of 20,000 visas in September.
We all IV members stand united and lets not adverse someone on the basis of his righteousness. Even if a IV member is wrong, let's all correct him.
Thanks
kindly not "DISTUB"
:D:D:D
(translation : __mr rao is resting__)
Come on guys, give him a break.
His analysis was accurate, if any of you came across the September 08 bulletin, EB2 advanced by two months. Which equates to what vldrao analyzed in the past, the use of 20,000 visas in September.
We all IV members stand united and lets not adverse someone on the basis of his righteousness. Even if a IV member is wrong, let's all correct him.
Thanks
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bkarnik
11-03 04:34 PM
Talk to an attorney. Either way it will be money well spent. From what I have heard, these non-compete clauses are very weak and generally unenforceable. Typically, these clauses are applicable for very high level jobs where you may be in a position to benefit a competitor due to your inside knowledge of the current company. Recently, Microsoft had sued one of its senior level employee who left to join Google on the non-compete issue. From what I read the last about it, Google aggressively defended its employee and the case was dismissed.
I would suggest talking to an attorney specializing in contracts.
I would suggest talking to an attorney specializing in contracts.
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FinalGC
05-01 10:02 AM
You may be able to reopen the old case, provided the old emploer has not sent a letter to USCIS stating the intent to not persue......if not talk to old employer and lawyer....they may ask you to pay some money for it.....eventually, you may need to work for them for at least 6 months, after getting GC, which will get you legally correct in front of USCIS.
The best thing you can do now is file a new GC with new employer and recapture the 2001 PD. This is possible since your 140 was approved the first time. Make sure the first LC application is similar to the new one. This is only possible, if you keep your calm, negotiate with the old lawyer and get all the LC and 140 approval papers or whatever is needed so that you can PORT the PD and use them for the new case.
I know I am asking you to jump ahead of my case which has a PD of 2005, but hey we are here to help....hope you are able to get this sorted. Just keep calm, remember there is no problem in this world that cannot be solved....your anger will only make you do things that you might regret later.
All the best.
The best thing you can do now is file a new GC with new employer and recapture the 2001 PD. This is possible since your 140 was approved the first time. Make sure the first LC application is similar to the new one. This is only possible, if you keep your calm, negotiate with the old lawyer and get all the LC and 140 approval papers or whatever is needed so that you can PORT the PD and use them for the new case.
I know I am asking you to jump ahead of my case which has a PD of 2005, but hey we are here to help....hope you are able to get this sorted. Just keep calm, remember there is no problem in this world that cannot be solved....your anger will only make you do things that you might regret later.
All the best.
xu1
08-24 01:43 PM
hello days go by,
kinda new here.
is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?
overheard most are EB2/3 cases and not many 245i cases.
One thing for sure is that no file in BEC is EB1. The rest is all guess:
If the historic information can tell the present and future, then roughly for every 2 - 3 EB3, there is one EB2...
The trackers at immigrationportal show not many 01 files left, and there're still quite some 02 and a lot of 03 in both BECs. DBEC tends to process a lot of 04/05 cases recently in LIFO manner, whereas PBEC is a bit more FIFO recently barring some cases that came out of regionals..
kinda new here.
is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?
overheard most are EB2/3 cases and not many 245i cases.
One thing for sure is that no file in BEC is EB1. The rest is all guess:
If the historic information can tell the present and future, then roughly for every 2 - 3 EB3, there is one EB2...
The trackers at immigrationportal show not many 01 files left, and there're still quite some 02 and a lot of 03 in both BECs. DBEC tends to process a lot of 04/05 cases recently in LIFO manner, whereas PBEC is a bit more FIFO recently barring some cases that came out of regionals..
SivaMayam
07-17 07:35 PM
Dear Nachi,
I was listening to Rajiv's recent/previous conference call recordins(mp3 foramat can be found on main page) in which he said some of his clients were in similar situations and did not have any issues.
http://www.immigration.com/improving_immigration/conference_calls.html
Please listen to one of those(recent 2 recordings) you will get some answer. Also consult with your lawyer if you filed through an attorney. Keep all the papers ready just in case you need to refile...
Good luck
~S
I was listening to Rajiv's recent/previous conference call recordins(mp3 foramat can be found on main page) in which he said some of his clients were in similar situations and did not have any issues.
http://www.immigration.com/improving_immigration/conference_calls.html
Please listen to one of those(recent 2 recordings) you will get some answer. Also consult with your lawyer if you filed through an attorney. Keep all the papers ready just in case you need to refile...
Good luck
~S
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