Dhundhun
08-06 06:43 PM
Updated for today (08/06/2008).
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hsingh82
02-15 03:43 PM
If every state was a different country, most of us would not have been here but at the borders fighting each other. India has progressed because of its secularism and diversity. We all would have been either fanatics or supressed by religion as most states would have religious heads governing it.
wandmaker
07-19 03:20 AM
I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.
+ You will receive a 3 year extension only if the PD is retrogessed otherwise it will be upto your end of 6 years period. I assume this is a non-cap H1B extension of stay
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
++ Your new employer should be non-cap company otherwise H1B transfer is not possible - If they are non-cap then your new employer can file a transfer and (a) request for validity of 3 years from the date of filing of H1B transfer filed as long as you have an approved 140 and it is not revoked by your previous employer and your PD is not current OR (b) request for the validity with the end date of last approved H1B - Most employer(s) will choose option b, to keep it simple
I have EAD and AP but wondering why I can not transfer H1B?
+++ When you have an option to move to a new employer on H1B then why not
Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140.
+++++ Not true
Somebody else said I can transfer until my 6 year period but not beyond to that?
++++++ Not true, see "++"
Others said no matter what I can transfer my H1b to any employer.
+++++++ True
I am confused, please help.
++++++++ Dont get confused by the hearsay, check with any attorney - s/he will be of my opinion. If your hear a different opinion from the immigration attorney(s), please update - it will help many
Hope this helps :)
+ You will receive a 3 year extension only if the PD is retrogessed otherwise it will be upto your end of 6 years period. I assume this is a non-cap H1B extension of stay
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
++ Your new employer should be non-cap company otherwise H1B transfer is not possible - If they are non-cap then your new employer can file a transfer and (a) request for validity of 3 years from the date of filing of H1B transfer filed as long as you have an approved 140 and it is not revoked by your previous employer and your PD is not current OR (b) request for the validity with the end date of last approved H1B - Most employer(s) will choose option b, to keep it simple
I have EAD and AP but wondering why I can not transfer H1B?
+++ When you have an option to move to a new employer on H1B then why not
Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140.
+++++ Not true
Somebody else said I can transfer until my 6 year period but not beyond to that?
++++++ Not true, see "++"
Others said no matter what I can transfer my H1b to any employer.
+++++++ True
I am confused, please help.
++++++++ Dont get confused by the hearsay, check with any attorney - s/he will be of my opinion. If your hear a different opinion from the immigration attorney(s), please update - it will help many
Hope this helps :)
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nomi
04-20 04:27 PM
04/20/2007: Immigration Reform Growingly Picks Up Heat
Along with more and more number of bills which are being introduced in the Congress, the constitutents of pro and con in the communities start mobilizing their muscles. Currently, the Senate debate schedule remains the last two weeks of May and these groups started acting up to pave a way for building a lofty wall against or smoothens the road for passage of this legislation. The Catholic community is very charged in support of the bill and actively lobbying both openly and behind the scenes to work with the legislators. People sometimes question why the Catholic community acts as one of the front lobbying forces for the CIR. You guessed it. Hispanics are Catholics and the CIR will tremendously expand the horizen of their constituents and its power base in the national political arena. Twelve or thirteen millions are not a small number. The same question is also raised relating to the AFL-CIO, labor unions. Again, you guessed it. The low-end industries and illegal aliens that will benefit from legalization are charaterized as workforces that belong to the organized unions. This is contrasted to the high-end industries and professional workers that are not by nature tightly organized into the unions. For the reasons, the unions tend to support the CIR, unlike the high-tech worker bills, to take advantage of expanding its membership and power base through the to-be-newly-recruited members of the unions. Aha...... Immigration proponents hope to see that legal immigration supporters and illegal immigration supporters quickly find a bed to share and become bed-partners such that the immigration reform legislation will move along more smoothly avoiding internal feuds and conflicts in the community.
http://www.immigration-law.com/
Along with more and more number of bills which are being introduced in the Congress, the constitutents of pro and con in the communities start mobilizing their muscles. Currently, the Senate debate schedule remains the last two weeks of May and these groups started acting up to pave a way for building a lofty wall against or smoothens the road for passage of this legislation. The Catholic community is very charged in support of the bill and actively lobbying both openly and behind the scenes to work with the legislators. People sometimes question why the Catholic community acts as one of the front lobbying forces for the CIR. You guessed it. Hispanics are Catholics and the CIR will tremendously expand the horizen of their constituents and its power base in the national political arena. Twelve or thirteen millions are not a small number. The same question is also raised relating to the AFL-CIO, labor unions. Again, you guessed it. The low-end industries and illegal aliens that will benefit from legalization are charaterized as workforces that belong to the organized unions. This is contrasted to the high-end industries and professional workers that are not by nature tightly organized into the unions. For the reasons, the unions tend to support the CIR, unlike the high-tech worker bills, to take advantage of expanding its membership and power base through the to-be-newly-recruited members of the unions. Aha...... Immigration proponents hope to see that legal immigration supporters and illegal immigration supporters quickly find a bed to share and become bed-partners such that the immigration reform legislation will move along more smoothly avoiding internal feuds and conflicts in the community.
http://www.immigration-law.com/
more...
pappu
04-10 01:57 PM
Pappu,
I have updated my dates in profile. I really appreciate any information on EAD/AP changes from IV core team.
Thanks for updating the profile
We have asked for a multi year EAD and AP.
Until the rule comes out we have to continue to apply as per old rules and apply for a 1 year AP and EAD
The decision for OPT was made early probably due to the April1 H1B filings. We hope USCIS and Administration work on moving forward with multi year EAD and AP at the earliest and this issue is not buried under bureaucratic delays
I have updated my dates in profile. I really appreciate any information on EAD/AP changes from IV core team.
Thanks for updating the profile
We have asked for a multi year EAD and AP.
Until the rule comes out we have to continue to apply as per old rules and apply for a 1 year AP and EAD
The decision for OPT was made early probably due to the April1 H1B filings. We hope USCIS and Administration work on moving forward with multi year EAD and AP at the earliest and this issue is not buried under bureaucratic delays
ilikekilo
03-05 09:22 PM
I dont think we have to panic...if needed gvot will print money for FDIC...heck when they can do it for banks..
more...
eagerr2i
08-02 06:00 PM
My wife collected her's from VFS but they do not give it out the same day either at the consulate or the VFS. The earliest I guess is 3 PM the next day that you can collect it.
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desi3933
03-09 12:29 PM
.... None of my previous employers revoked my H1-B. ....
Please refer to the sec. 8 CFR 214.2 h(11). As per USCIS regulations, the employer is required to notify that the employment relationship has been terminated so that the petition is canceled.
______________________
Not a legal advice.
US citizen of Indian origin
Please refer to the sec. 8 CFR 214.2 h(11). As per USCIS regulations, the employer is required to notify that the employment relationship has been terminated so that the petition is canceled.
______________________
Not a legal advice.
US citizen of Indian origin
more...
gcobsessed
10-23 02:36 PM
Employment based GC is based on intent to work for sponsoring employer or similar profession. For most of us, who are retrogressed, we would have worked with sponsoring employer already for 4 to 5 years. the main issue here is whether sufficient intent existed at the time of filing 140 and 485. after having been in 485 filed status for long, it is natural for intent to change.
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
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akkakarla
09-01 04:12 PM
Did anyone get their GC Approvals from USCIS Local Offices which are pending after the interview is complete? If anyone is waiting for local office cases what is the process they are following and how is the approval process?
I am waiting for my approval of my EB2 India with PD Nov 2004. it is pending in San Jose Local office
I guess applications pending at local office are unlucky guys :-(
Anil
I am waiting for my approval of my EB2 India with PD Nov 2004. it is pending in San Jose Local office
I guess applications pending at local office are unlucky guys :-(
Anil
more...
seekerofpeace
09-05 02:43 PM
Just a thought is infopass necessary for those receiving CPO/approval emails...if the USCIS online reliability is a concern....
SoP
SoP
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deepakjain
01-08 01:21 PM
deepakjain:thanks for the latest info on this.
Little clarification required, what do you mean "delivered the next day betn 4:30-5:00". You mean one can collect it the next day in the evening?
jkm2282, sorry for hajacking your post. Any updates from your side?
You have the option of collecting your passport over the VFS counter in mumbai, and the passport is delivered between 4:30 to 5:00 PM on the next day of your interview.
The best way to get your passport is to call VFS office in mumbai between 8:30 to 2:00 PM any day 022-66547600, quote your passport number, the VFS helpdesk should be able to tell you if they have received your passport from the US consulate or not.
If the VFS personal says over the phone that they have your passport with them then you can collect the same from the VFS office.
Another option to track passport is to SMS - "VISA{space}US{Space} "passport number.
Regards,
Deepak
Little clarification required, what do you mean "delivered the next day betn 4:30-5:00". You mean one can collect it the next day in the evening?
jkm2282, sorry for hajacking your post. Any updates from your side?
You have the option of collecting your passport over the VFS counter in mumbai, and the passport is delivered between 4:30 to 5:00 PM on the next day of your interview.
The best way to get your passport is to call VFS office in mumbai between 8:30 to 2:00 PM any day 022-66547600, quote your passport number, the VFS helpdesk should be able to tell you if they have received your passport from the US consulate or not.
If the VFS personal says over the phone that they have your passport with them then you can collect the same from the VFS office.
Another option to track passport is to SMS - "VISA{space}US{Space} "passport number.
Regards,
Deepak
more...
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gondalguru
07-26 06:38 PM
Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.
And if your co-worker's wife is from a county which is not retrogressed then you can get GC early based on alternate chargebility. Mistake can become boon many times. Just kidding.
Probably you will get RFE and not rejection.
And if your co-worker's wife is from a county which is not retrogressed then you can get GC early based on alternate chargebility. Mistake can become boon many times. Just kidding.
Probably you will get RFE and not rejection.
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dealsnet
02-07 09:34 AM
Visit visa is only for the max. 6 months. No guarenty they will give that. I know many people got 1-3 months only. My mother used to come here for 6 months and go back to India for 1 months and again come back and stay 6 months. The 3rd time at the JFK, they told her this is your last entry in visit visa and give her 3 months. They told her if you come next time, she will send back as blacklisted. Because she abused the visit visa and stayed most of the time here in US for the couple of years. My sister is a US citizen by then and she filed AOS and I-130 for her and my mother got her GC in 6 months. My friend bring his father here and his father was hospitalized due to a heart attack. He got a bill for 90K. Now he is paying it by installments, because be sponser him. He is liable to pay it. He hired a lawyer, but finally he agreed to pay. So don't bring any one here without taking medical insurance. Parents are not come into H4 catagory.
From IRS point of view, parents are considered dependents if you are taking care of them at home. You could bring them on visitor VISA mentioning that they will be here for medical treatment. You may have to show proof of Insurance etc ... in the affidavit of support. Medical exprenses are costly here. That is the only problem.
From IRS point of view, parents are considered dependents if you are taking care of them at home. You could bring them on visitor VISA mentioning that they will be here for medical treatment. You may have to show proof of Insurance etc ... in the affidavit of support. Medical exprenses are costly here. That is the only problem.
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upuaut
09-10 04:18 AM
you know.. I meant to do this a while ago, but lost track of the thought. I have a write up in one of my books, done by Colin Moock, in which he takes his frame rate tester and tests a variety of things to see which effect frame rate and to what degree. I really do think it's worth posting. I'll try to do a small write up on the subject soon.
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GCapplicant
10-01 10:14 AM
As a point of revenge ,let's see what the anti's do this time.Let the CIR go thru...no doubt in that...as both the parties love illegals.
Atleast the Anti's will face a failure in few months.A small :)
We will be on Q :p as usual.Who care's...Life goes on.
Of course USCIS has to upgrade - A load of application are going to flood them ...DOL will also work as fast as they can.
Atleast the Anti's will face a failure in few months.A small :)
We will be on Q :p as usual.Who care's...Life goes on.
Of course USCIS has to upgrade - A load of application are going to flood them ...DOL will also work as fast as they can.
more...
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stones
06-30 07:25 PM
Why has the second H-1 petition been pending so long? Was there an RFE? What does the USCIS on line system show?
What does RFE means? It shows they sent it to another processing center for processing.
What does RFE means? It shows they sent it to another processing center for processing.
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cybergold
04-28 05:38 PM
ok thanks, i'll get rid of them right now
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raysaikat
07-13 11:05 PM
Hi Everyone,
Is it really necessary to inform USCIS of change of address.
Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.
Will appreciate your views.
It is the law that you file AR-11 within (I think) 10 days after moving to a new address. If you do not do say, technically they can deport you. So send the AR-11 form with proof of sending. You can also submit AR-11 form online.
You should also change the address on the USCIS site. This operation is different from AR-11 submission.
Is it really necessary to inform USCIS of change of address.
Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.
Will appreciate your views.
It is the law that you file AR-11 within (I think) 10 days after moving to a new address. If you do not do say, technically they can deport you. So send the AR-11 form with proof of sending. You can also submit AR-11 form online.
You should also change the address on the USCIS site. This operation is different from AR-11 submission.
Circus123
10-06 08:42 PM
Guys,
I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.
I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.
vishage
09-28 01:26 PM
My app was received by NSC on 24th July and looks like NSC is processing August apps. Even, if my app got transferred to TSC, it should have been processed by now according to USCIS report on RN processing. I am not sure, what to do ?
Filed on Jul 24th at Nebraska ,No receipts yet, chq given by company so no info on chq being cashed.
Filed on Jul 24th at Nebraska ,No receipts yet, chq given by company so no info on chq being cashed.
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