desi3933
03-09 12:01 PM
This is my understanding.
when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.
How will USCIS know that the beneficiary has switched out of H1 status ?
You are right.
Employer must pay H-1 employee salary until
1. employee is notified of job termination (or employee resigns)
AND
2. USCIS is notified of such termination by request to cancel the H-1B petition.
______________________
Not a legal advice.
US citizen of Indian origin
when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.
How will USCIS know that the beneficiary has switched out of H1 status ?
You are right.
Employer must pay H-1 employee salary until
1. employee is notified of job termination (or employee resigns)
AND
2. USCIS is notified of such termination by request to cancel the H-1B petition.
______________________
Not a legal advice.
US citizen of Indian origin
gaz
04-23 09:33 AM
why not just a tracker? its something that will be needed until the gc is approved - and is a recurring question. the tracker could also provide stats about current approval rate etc.
I think we need to start one more thread to get responses from people who's H1b extension is being denied in last two months and what were the reasons behind it. This will help to get a clear picture of whats happening.
I think we need to start one more thread to get responses from people who's H1b extension is being denied in last two months and what were the reasons behind it. This will help to get a clear picture of whats happening.
Redeye
04-09 03:05 PM
First of all, thanks very much Prashanthi Reddy for answering questions. Could you help me out with this.
I have I-140 approved with more than 180 days with I-485 pending.
I still have valid H1.
Can someone be with their sponsoring employer on H1 and start business on EAD part time.
I have I-140 approved with more than 180 days with I-485 pending.
I still have valid H1.
Can someone be with their sponsoring employer on H1 and start business on EAD part time.
jsb
01-07 01:03 PM
The AP (which is a travel document) just allows you to enter the country (or like I mentioned before) to apply for permission to enter the US.
The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.
Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.
At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.
Once you have no valid H1 or L1, you technically are a foreigner without a visa. CBP, by law, can't admit anybody in without a visa, and hence the work-around of AP (which is an authorization to CBP to let you, a foreigner, in, in inspite of you not having a valid visa). One yr stamp by CBP is a workaround for another law for people who are admitted without a visa. Idea behind this is to determine what to do with you (person in the US without a visa) within that one year. AOS/EAD are other workarounds for managing govt inefficiency for those already in the country (but not for entry to the country). Complex maze of work-arounds !!
The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.
Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.
At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.
Once you have no valid H1 or L1, you technically are a foreigner without a visa. CBP, by law, can't admit anybody in without a visa, and hence the work-around of AP (which is an authorization to CBP to let you, a foreigner, in, in inspite of you not having a valid visa). One yr stamp by CBP is a workaround for another law for people who are admitted without a visa. Idea behind this is to determine what to do with you (person in the US without a visa) within that one year. AOS/EAD are other workarounds for managing govt inefficiency for those already in the country (but not for entry to the country). Complex maze of work-arounds !!
more...
yabadaba
04-22 03:08 PM
What's the deal here? I think this info is posted a lot of times. Any reason to post it again? Just trying to find reason.
its good to see data like this after a while...if nothing else...it provides a snapshot of where we are.
its good to see data like this after a while...if nothing else...it provides a snapshot of where we are.
kprgroup
12-29 09:31 AM
Is anyone know,can we withdraw H1-P application when RFE received?
more...
kumar1
04-02 09:56 AM
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anilsal
12-14 11:49 AM
Are we calling the Senator's office for taking up the cause for CIR?
I presume he is a democrat. Can we request him to take into consideration, skilled immigration?
I presume he is a democrat. Can we request him to take into consideration, skilled immigration?
more...
blacktongue
10-05 10:30 AM
If you want the best
Go to Kashmir. I have seen the pictures and it is beautiful in India. Jammu & Kashmir Tourism (http://www.jktourism.org/)
Or come to China. Tourism in China - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Tourism_in_China)
You will like it.
Go to Kashmir. I have seen the pictures and it is beautiful in India. Jammu & Kashmir Tourism (http://www.jktourism.org/)
Or come to China. Tourism in China - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Tourism_in_China)
You will like it.
Jerry2009
05-11 02:04 PM
desimass77, thanks a lot for your response! Congratulations on your loan approval.
My wife's school insists that AP document from USCIS is not a valid document unless it has been stamped by customs, which forces us to re-enter US :mad:
I will argue with school again. Thanks a lot for your information.
My wife's school insists that AP document from USCIS is not a valid document unless it has been stamped by customs, which forces us to re-enter US :mad:
I will argue with school again. Thanks a lot for your information.
more...
ita
11-04 02:19 PM
But I think it's thanks to CBN who pulled the consulate to Hyd when they were debating to have the consulate in Hyd or Bangalore. From what I know YSR govt just boomed up the realty prices but nothing else, though realty went up in other parts of the country too.
PS: I'm not very sure if it was CBN who got the consulate to Hyd but just expressed my thoughts as we are talking about consulate/Hyd/how proud we should be etc in this thread.For those who know better or disagree with me please feel free to do so by posting in the thread but not by giving red/accompanying mssgs. These days I'm so cautious that unless absolutely sure I don't take any chances with posting on threads so as to avoid upsetting people even remotely. Felt it's been long since I've been easy on IV threads..so I'm posting on this thread :)
Thank you.
PS: I'm not very sure if it was CBN who got the consulate to Hyd but just expressed my thoughts as we are talking about consulate/Hyd/how proud we should be etc in this thread.For those who know better or disagree with me please feel free to do so by posting in the thread but not by giving red/accompanying mssgs. These days I'm so cautious that unless absolutely sure I don't take any chances with posting on threads so as to avoid upsetting people even remotely. Felt it's been long since I've been easy on IV threads..so I'm posting on this thread :)
Thank you.
nb_des
06-05 11:04 AM
"Unless you *are* a US citizen, you must choose the second option."
I think you have not read my question clearly. I suggest you read it before answering. I have not seen where the USCIS website asks for pending case numbers if we choose second option. I hope someone who has done this online can shed some light on this.
SK.
.
Has anyone succefully entered reciept numbers?
I think you have not read my question clearly. I suggest you read it before answering. I have not seen where the USCIS website asks for pending case numbers if we choose second option. I hope someone who has done this online can shed some light on this.
SK.
.
Has anyone succefully entered reciept numbers?
more...
gconmymind
04-07 03:49 PM
Hi,
I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?
Since it looks like you are the primary applicant and your wife is the derivative beneficiary, I do not think your processing should be affected. I am not sure what you need to do to inform USCIS of your new status after you are divorced from your wife.
I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?
Since it looks like you are the primary applicant and your wife is the derivative beneficiary, I do not think your processing should be affected. I am not sure what you need to do to inform USCIS of your new status after you are divorced from your wife.
inderman
10-06 03:57 PM
How and when are we supposed to contact Ombudsman for help?
Are we supposed to wait first for some stipulated time or we can contact when our PD is current?
Thanks
Are we supposed to wait first for some stipulated time or we can contact when our PD is current?
Thanks
more...
rrajendra
08-05 02:24 PM
Hello all,
Recently I got my H1B stamped at Mumbai India, this was my
third H1B, and fifth US visa(I got two B1/B2s in addition). The
US Visa stamping process has been streamlined and better organized
than it was when I got my first one in 1999!:)
Process started with me paying visa fees upfront at HDFC bank.
after paying the fees, they will give two copies of the receipt,
one for you and one for the consulate.
Next step is to get yourself photographed. Every photo studio
in Bombay knows the specification now, so it was no problem.:)
Get digital copies of the photographs.
Next step is to go online and fill the application forms. One needs
to upload photographs and enter the fee payment receipt number
in the form. Once completed, print the application after saving.
The application form has a bar code, so please make no changes
after the printout, if you do one needs to take a fresh print.
The next step was to arrange an appointment for visa stamping
which can be done online, once appointment is fixed
one can go to the visa application center which is very
near the Consulate at Breach Candy. They will verify the application
and give you a confirmation of the appointment. Make sure
that you submit your application form at least three business
days before the visa appointment.
To avoid the morning hour traffic we checked into a hotel
near the consulate. The appointment was 10:30 AM, but we
reached the consulate at 10:00. The appointment confirmed
suggested we do not go to the consulate before 10:15, but
went ahead anyway. The security let us in. :) The consulate
was full of visa aspirants, and I braced myself for a long wait.
We submitted our application forms after getting our fingers
printed.
To my surprise, we were called for interview at around 10:10.
The consulate officer commented that I have already lived
in the US, to which I said yes. The question was repeated to
my wife, who also had a stint in the US. Then she asked me
what kind of work I will be doing in US. I gave a rather long
answer which I guess bored her a bit. My six year daughter
complained that it she is tired, the consular officer started
small talk with her. Then she said my passport will be sent
by courier. By 10:20 we were on our way back home.
We received our passports separately over the next 10 days.
surprisingly my daughter got hers within 2 days, but my
wife had to wait full 10 days!
I am in the US now :)
Recently I got my H1B stamped at Mumbai India, this was my
third H1B, and fifth US visa(I got two B1/B2s in addition). The
US Visa stamping process has been streamlined and better organized
than it was when I got my first one in 1999!:)
Process started with me paying visa fees upfront at HDFC bank.
after paying the fees, they will give two copies of the receipt,
one for you and one for the consulate.
Next step is to get yourself photographed. Every photo studio
in Bombay knows the specification now, so it was no problem.:)
Get digital copies of the photographs.
Next step is to go online and fill the application forms. One needs
to upload photographs and enter the fee payment receipt number
in the form. Once completed, print the application after saving.
The application form has a bar code, so please make no changes
after the printout, if you do one needs to take a fresh print.
The next step was to arrange an appointment for visa stamping
which can be done online, once appointment is fixed
one can go to the visa application center which is very
near the Consulate at Breach Candy. They will verify the application
and give you a confirmation of the appointment. Make sure
that you submit your application form at least three business
days before the visa appointment.
To avoid the morning hour traffic we checked into a hotel
near the consulate. The appointment was 10:30 AM, but we
reached the consulate at 10:00. The appointment confirmed
suggested we do not go to the consulate before 10:15, but
went ahead anyway. The security let us in. :) The consulate
was full of visa aspirants, and I braced myself for a long wait.
We submitted our application forms after getting our fingers
printed.
To my surprise, we were called for interview at around 10:10.
The consulate officer commented that I have already lived
in the US, to which I said yes. The question was repeated to
my wife, who also had a stint in the US. Then she asked me
what kind of work I will be doing in US. I gave a rather long
answer which I guess bored her a bit. My six year daughter
complained that it she is tired, the consular officer started
small talk with her. Then she said my passport will be sent
by courier. By 10:20 we were on our way back home.
We received our passports separately over the next 10 days.
surprisingly my daughter got hers within 2 days, but my
wife had to wait full 10 days!
I am in the US now :)
mmanurker
10-07 11:32 AM
irrational - Sorry to say this is little bit unlucky case. This happened to me also. My case got transferred to VSC from TSC in July 2009 and from then it is sitting there with no progress. Taken info pass but no use. (Yet to think about the next steps!).
I applied for EAD and AP in Aug last week and got the approved copies in Sep second week. I sent the application to TSC.
mmanurker - Can you please tell me how long your application was present in VSC? Also did you do anything to move it back to TSC or NSC.
my case was in VSC for about 10 months then for last 10 days or so its been going back and forth. I did not do anything at all at my end to move it back to TSC. You wont believe this, i got another email this morning that my case has been transferred again to Lincoln,NE (i guess this is Nebraska Service Center).
so now the sequence is TSC--->VSC--->TSC---->NSC---->USCIS Office(local office)--->Lincoln, NE:confused:
only service center that is left out is California:D
I applied for EAD and AP in Aug last week and got the approved copies in Sep second week. I sent the application to TSC.
mmanurker - Can you please tell me how long your application was present in VSC? Also did you do anything to move it back to TSC or NSC.
my case was in VSC for about 10 months then for last 10 days or so its been going back and forth. I did not do anything at all at my end to move it back to TSC. You wont believe this, i got another email this morning that my case has been transferred again to Lincoln,NE (i guess this is Nebraska Service Center).
so now the sequence is TSC--->VSC--->TSC---->NSC---->USCIS Office(local office)--->Lincoln, NE:confused:
only service center that is left out is California:D
more...
vivekm1309
01-26 12:16 AM
Can we contact journos like Neil Cavuto, Sheryl Casone to talk about how giving GC to legals like us can stimulate economy in someway?
I noticed these Business section journos are endlessly talking about ways to prevent the recession.
We can suggest them to talk about recapturing of visas & giving the legals GCs as it can contribute towards (to some extent) a possible stimualtion to the economy(it will surely add to the percentage...) surely we are boosting the spending by making high earning legals spend more on say housing or Autos by giving them GCs...
Not sure if IV gurus are thinking on these lines.
Vivek
I noticed these Business section journos are endlessly talking about ways to prevent the recession.
We can suggest them to talk about recapturing of visas & giving the legals GCs as it can contribute towards (to some extent) a possible stimualtion to the economy(it will surely add to the percentage...) surely we are boosting the spending by making high earning legals spend more on say housing or Autos by giving them GCs...
Not sure if IV gurus are thinking on these lines.
Vivek
patiently_waiting
06-17 06:09 PM
Hi,
My EB3 Priority date is Feb 2004. I have approved I-140 and have a copy of approval I-140
notice. I have not filed 485. This is my 10th year in H1b visa.
My H1B visa is ending in Nov 2010. Due to family situation, I am planning to go to
India for 1 year, My employer may or may not apply for my H1B renewal.
If my current employer cancels my approved I-140 & did not extend my H1b visa, Is it
possible for me to port that approved I-140 priority date (Feb 2004) when I am filing Green card through some other employer in the EB2 or EB1 category in
the future ?
Any one, Please kindly give your suggestions.
Thanks
My EB3 Priority date is Feb 2004. I have approved I-140 and have a copy of approval I-140
notice. I have not filed 485. This is my 10th year in H1b visa.
My H1B visa is ending in Nov 2010. Due to family situation, I am planning to go to
India for 1 year, My employer may or may not apply for my H1B renewal.
If my current employer cancels my approved I-140 & did not extend my H1b visa, Is it
possible for me to port that approved I-140 priority date (Feb 2004) when I am filing Green card through some other employer in the EB2 or EB1 category in
the future ?
Any one, Please kindly give your suggestions.
Thanks
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/
sertasheep
04-03 05:51 PM
Jinger,
You will be able to plead hardship based on humanitarian grounds and family unity to get your spouse into the US, if you already have a GC provided the GC holder is doing work in the national interest of the US (physician, scientist, et al) .At least, there is a solution to this particular problem.
There is no solution, other than legislative change to the objectives listed by the IV team.
you should visit kamya.com for spouse related issues.
You will be able to plead hardship based on humanitarian grounds and family unity to get your spouse into the US, if you already have a GC provided the GC holder is doing work in the national interest of the US (physician, scientist, et al) .At least, there is a solution to this particular problem.
There is no solution, other than legislative change to the objectives listed by the IV team.
you should visit kamya.com for spouse related issues.
sriniks
12-07 06:01 PM
For the status question, your wife doesn't need EAD. Pending I-485 or AOS is a valid status to stay in the US. That said, some states like CA doesn't take I-485 receipt notice as a valid document for issuing license. They asked for EAD. So if your wife needs to drive she may have to get EAD.
For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.
Thank you yagw. Yes, the PD is current. Are there any restrictions on when we're eligible to take infopass? Like waiting for a certain period of time after the last appointment. For instance, when I called in, the representative refused to open an SR because it's not 90 days since our last appointment. Infopass is taken through the USCIS web site, right? The officer indicated we should be able to get a GC stamp in the passport until we get the card. It sounds odd to me. Anybody heard this happen before?
I wish I had applied for the EAD. I'm not sure what to do about the DL (we're indeed in CA). I'll try with the DMV and see if they'll renew without the EAD.
thanks!
srini
For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.
Thank you yagw. Yes, the PD is current. Are there any restrictions on when we're eligible to take infopass? Like waiting for a certain period of time after the last appointment. For instance, when I called in, the representative refused to open an SR because it's not 90 days since our last appointment. Infopass is taken through the USCIS web site, right? The officer indicated we should be able to get a GC stamp in the passport until we get the card. It sounds odd to me. Anybody heard this happen before?
I wish I had applied for the EAD. I'm not sure what to do about the DL (we're indeed in CA). I'll try with the DMV and see if they'll renew without the EAD.
thanks!
srini
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