simple1
05-18 05:00 AM
this guy is a fake. busted.
Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
prince_charming
04-08 04:14 PM
Does July 1st include the weekend till 3rd July or it just hardstop @ July 1st?
qasleuth
09-17 11:37 AM
Why even bother?
Forget worrying about about CNN and Lou Dobbs. They are NOBODY and of no significance for the quest for immigration reform.
If CNN drops Lou that will not pass CIR or recapture. There are so much Lou Dobbs are there in USA. It is a waste of time.
Wrong and Wrong.
Lou is broadcasting his radio show from Federation for American Immigration Reform's "Hold Their Feet to the Fire" legislative advocacy event. No points for guessing what the event is advocating for. Just wait for CNN to drop Lou and Fox embraces him. It will be just in time when CIR comes back on radar.
If you have been even remotely following the healthcare debate, the fewest (however idiotic or uninformed they are) make the loudest noise, scaring lawmakers. THAT is guaranteed to affect you and I (well not senthil as he already has his GC).
Lou Dobbs | Media Matters for America (http://mediamatters.org/search/tag/lou_dobbs)
Here is a good read on the why's/what's
Timothy Karr: What Beck, Dobbs and Limbaugh Are Really Afraid Of (http://www.huffingtonpost.com/timothy-karr/what-beck-dobbs-and-limba_b_288480.html)
Forget worrying about about CNN and Lou Dobbs. They are NOBODY and of no significance for the quest for immigration reform.
If CNN drops Lou that will not pass CIR or recapture. There are so much Lou Dobbs are there in USA. It is a waste of time.
Wrong and Wrong.
Lou is broadcasting his radio show from Federation for American Immigration Reform's "Hold Their Feet to the Fire" legislative advocacy event. No points for guessing what the event is advocating for. Just wait for CNN to drop Lou and Fox embraces him. It will be just in time when CIR comes back on radar.
If you have been even remotely following the healthcare debate, the fewest (however idiotic or uninformed they are) make the loudest noise, scaring lawmakers. THAT is guaranteed to affect you and I (well not senthil as he already has his GC).
Lou Dobbs | Media Matters for America (http://mediamatters.org/search/tag/lou_dobbs)
Here is a good read on the why's/what's
Timothy Karr: What Beck, Dobbs and Limbaugh Are Really Afraid Of (http://www.huffingtonpost.com/timothy-karr/what-beck-dobbs-and-limba_b_288480.html)
vkrishn
10-13 10:02 PM
I went in shorts/t-shirt for my H-1 renewal in chennai this jan 08. They don't really care...
I/O asked me what do i do in my company... Gave her the response.
she said "sounds interesting and fun".. thats it... Hardly 2 mins. For most of the guys who live in the u.s and going to india for a vacation you should be if you dress decent...
Don't worry...
Just answer the question I/O ask you...
There were lots folks from Infosys, TCS with full tie and formals and sweating.
I/O asked me what do i do in my company... Gave her the response.
she said "sounds interesting and fun".. thats it... Hardly 2 mins. For most of the guys who live in the u.s and going to india for a vacation you should be if you dress decent...
Don't worry...
Just answer the question I/O ask you...
There were lots folks from Infosys, TCS with full tie and formals and sweating.
more...
GotGC??
01-08 12:03 AM
.
I wud just like to add that shud you travel and use your current visa your new I-94 will be stamped with date June 07. Then you have to extend you H-4 and your old approval will not be valid.
That's not true. I've done that many times, and I'm sure many other would have done the same without affecting the newly approved petition.
Yes, something about the "last action rule" (I don't know much about it) causes some problem when you are outside the US at the time your H1/H4 petition gets approved (in other words, you should be present in the US the day the H1/H4 gets approved) but this rule does not apply in this case because the petition has already been approved.
These are just my thoughts. And I am not a layer.
Do you have a basis for the statement you are making? Any references, rules, etc.?
Have a great trip
I wud just like to add that shud you travel and use your current visa your new I-94 will be stamped with date June 07. Then you have to extend you H-4 and your old approval will not be valid.
That's not true. I've done that many times, and I'm sure many other would have done the same without affecting the newly approved petition.
Yes, something about the "last action rule" (I don't know much about it) causes some problem when you are outside the US at the time your H1/H4 petition gets approved (in other words, you should be present in the US the day the H1/H4 gets approved) but this rule does not apply in this case because the petition has already been approved.
These are just my thoughts. And I am not a layer.
Do you have a basis for the statement you are making? Any references, rules, etc.?
Have a great trip
Leo07
09-16 05:52 PM
done done done...
more...
pmb76
07-17 01:16 PM
DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.
Please have some patience. IV core are working professionals like you and me. This is not their full time job and they are doing this in their spare time. They will update us as soon as the news is out.
Please have some patience. IV core are working professionals like you and me. This is not their full time job and they are doing this in their spare time. They will update us as soon as the news is out.
anilsal
10-27 10:09 AM
as the chapter leaders can appraise you of what is possible, what is the view of leaders towards skilled immigration etc.
Rather than vent your frustration on the forums, direct them constructively to some IV activity.
Rather than vent your frustration on the forums, direct them constructively to some IV activity.
more...
sapota
03-17 03:02 PM
That is so not true. Even though Dallas was faster than Philly, it only cleared labor for 2003 and earlier filers in 2005. Essentially Dallas mostly cleared only those cases in 2005 which were stuck at regional and not state level. My labor was cleared in late 2006.
I know cos I am one such unfortunate case.
I know cos I am one such unfortunate case.
leo2606
09-24 03:42 PM
My wife is on H1-B valid till May-2010 and she got EAD for 2 years as well.
She is planning to take up permanent job at the client place she is currently working as a consultant.
What is the best? tranfering the H1-B or using EAD. Does she need to invok e AC-21 in bothe the cases?
She is planning to take up permanent job at the client place she is currently working as a consultant.
What is the best? tranfering the H1-B or using EAD. Does she need to invok e AC-21 in bothe the cases?
more...
miami75
07-03 11:47 PM
In Miami, as my nickname
abcdefgh
01-18 10:26 AM
Do the Primary Applicant and the Spouse both need to take this Test??
No
only the primary applicant needs to take the test
No
only the primary applicant needs to take the test
more...
srisra
02-01 09:19 AM
Congrats...
josecuervo
07-15 02:54 PM
My Priority date is Feb 1st 2006. I got my 140 approved some time in May 2006 and Here I am today..
Congratulations. !!!
my pd is close to yours. see my signature. good luck
Congratulations. !!!
my pd is close to yours. see my signature. good luck
more...
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
uumapathi
09-29 01:31 PM
I was wondering what one would see in the online case status if an RFE/NOID is issued. Anyone has any text that would appear on the Case status application?
more...
kookoo
08-03 05:31 PM
I know what I did was wrong. But what should I do now?
I am worried if USCIS will be sending the copy of the experience letter for verification?
I am worried if USCIS will be sending the copy of the experience letter for verification?
paskal
12-27 04:43 PM
follow up call today
details are the SAME
10pm cst
we will try to keep to the point and keep it short
please attend
details are the SAME
10pm cst
we will try to keep to the point and keep it short
please attend
Queen Josephine
May 23rd, 2005, 07:38 PM
Bob, Exmoor I'm saving for a vacation trip (considering it would take me a day to just get there!)
Now Red Rock, well, I can do that in a day! (Actually, I have been there before and I can tell you those rocks are enormous)
Now Red Rock, well, I can do that in a day! (Actually, I have been there before and I can tell you those rocks are enormous)
sanin
01-16 05:51 PM
Hi,
I was working with company A since June to Dec 07. and Now I got offer with company B which they are filing my H1 transfer.
but i dont have the last 2 months (Nov & Dec) paystubs from company A (have paystubs from June to Oct). because my employer always give me latest 2 months the paystubs but i have proof of Bank Acccount mentioning the payroll information in bank account for month of Nov & Dec 07.
So does the Bank Account statement will be valid for H1 transfer ?
Please reply me ASAP.
sanin.
I was working with company A since June to Dec 07. and Now I got offer with company B which they are filing my H1 transfer.
but i dont have the last 2 months (Nov & Dec) paystubs from company A (have paystubs from June to Oct). because my employer always give me latest 2 months the paystubs but i have proof of Bank Acccount mentioning the payroll information in bank account for month of Nov & Dec 07.
So does the Bank Account statement will be valid for H1 transfer ?
Please reply me ASAP.
sanin.
nsveta
04-23 03:39 PM
I am glad, member's comments helped you. All said and done. What is the right thing to do now? Expose "this company" as you call them..
Why don't you post the name of company as you already posted the state and city they operate from, and name of the person with whom you have been going back and forth as you said in your post? That will help everybody including the authorities to take them to task if they are doing anything illegal..
gapala, I agree with you. However, please let me talk to my friend and I will probably PM you about the details. I do not believe its a good idea to post out here. Sorry.
Why don't you post the name of company as you already posted the state and city they operate from, and name of the person with whom you have been going back and forth as you said in your post? That will help everybody including the authorities to take them to task if they are doing anything illegal..
gapala, I agree with you. However, please let me talk to my friend and I will probably PM you about the details. I do not believe its a good idea to post out here. Sorry.
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