senthil1
06-11 10:47 PM
1. Legally speaking he has to leave immeditely. But INS is not inhuman in those cases. If he finds a job within a few weeks he should be ok unless his previous company cancels H1b.
2. At least he has to get some H1B before his previous company cancels H1b. for transfering H1b.
3. If his previous company does not cancel H1b he can stay some time may be 1 or 2 months(But he will be out of status not overstay). If his company cancels H1b then that will be overstay then he has to leave the country. Best thing is find a consulting company and file H1b transfer before previous company cancels H1b. If that is not possible he can switch to F1 if he gets admission in University.
4. Recent paystub is needed to transfer H1b. If recent paystub is not there then it is INS dicretion to give H1b transfer
Those answers may not be accurate but may give some idea
Hi,
One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.
Few questions about his H1B visa.
1. How many days can he legally stay in the US before he finds one more job gets new H1B.
2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?
3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?
4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?
I would really appreciate if anyone can please help me with this questions.
Thank you very much!
2. At least he has to get some H1B before his previous company cancels H1b. for transfering H1b.
3. If his previous company does not cancel H1b he can stay some time may be 1 or 2 months(But he will be out of status not overstay). If his company cancels H1b then that will be overstay then he has to leave the country. Best thing is find a consulting company and file H1b transfer before previous company cancels H1b. If that is not possible he can switch to F1 if he gets admission in University.
4. Recent paystub is needed to transfer H1b. If recent paystub is not there then it is INS dicretion to give H1b transfer
Those answers may not be accurate but may give some idea
Hi,
One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.
Few questions about his H1B visa.
1. How many days can he legally stay in the US before he finds one more job gets new H1B.
2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?
3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?
4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?
I would really appreciate if anyone can please help me with this questions.
Thank you very much!
wallpaper Aston Martin#39;s internal name
smuggymba
03-24 06:32 PM
I am looking for some serious help and advice here , I hate to see any non-immigrant in US in my circumstances .Here some information about it , My company has sponsored my work visa , soon I entered into they customs and Immigration there is some mistake with my paper work , and they charged me and later deported me .In the middle we came to know the company has sponsored some other people B/J visas for their own benefits and officers acted so racially .when i got deported they never issued my passport back , I keep on calling them now , they always say , They can't hear , some times they mention call after 5 mins , 1hr .I am so vexed with all they do , I felt so victim in this . Please advice me can i get my passport back, and my case is in pending appeal , before I got deported
how did u travel back to your home country? All airlines check passport before issuing a boarding pass.
how did u travel back to your home country? All airlines check passport before issuing a boarding pass.
srarao
07-19 02:30 PM
Can somebody let me know
2011 Aston Martin is a brand that
virens
12-12 02:36 PM
No questions asked about visa or 485. Just had to show my passport and AP document :)
more...
H1B-GC
07-15 04:49 PM
you can say that.USCIS processes the case Erratically . No Logic . No FIFO. Its just like playing the French Roulette. Sad but True.
avi101
05-19 04:10 AM
Here's my 2c
- I guess you may already be aware that you can file I485 only if your PD is current.
- Don't delay applying for your I140. Atleast get that going. The more you delay, the more things may change, rules may change at USCIS.. you never know. Plus, once you get your I40 approved and if you decide to quit your current employer you should be able to port your Priority Date. (There are conflicting opinions on what happens should the employer revoke your I140, so research more on that.) If DOL comes out with rule to end labor substitution, then your employer wont have any benefit in revoking your I140. A decision on labor substitution may be coming soon.
- Beside the I140 application notice, you also need employment support letter from your employer for your I485 as yours is an employment based GC. Your employer can delay all they want. My suggestion would be get in good terms with him\her (I know its difficult but suck up for some time), see if you can work out an NON-WRITTEN agreement on continuing to work for an extended period of time. If you put something in writing saying that you wont work afte r x number of months, it could potentially hurt you. GC needs good faith intent from both employer and beneficiary. Your employer can use that against you. Also, if there are any I140 RFEs you may still need your employer's help.
So don't burn bridges if you can. If you can't tolerate your employer any more, atleast try to get your I140 applied and approved so that you have a shot at retaining your PD.
- I guess you may already be aware that you can file I485 only if your PD is current.
- Don't delay applying for your I140. Atleast get that going. The more you delay, the more things may change, rules may change at USCIS.. you never know. Plus, once you get your I40 approved and if you decide to quit your current employer you should be able to port your Priority Date. (There are conflicting opinions on what happens should the employer revoke your I140, so research more on that.) If DOL comes out with rule to end labor substitution, then your employer wont have any benefit in revoking your I140. A decision on labor substitution may be coming soon.
- Beside the I140 application notice, you also need employment support letter from your employer for your I485 as yours is an employment based GC. Your employer can delay all they want. My suggestion would be get in good terms with him\her (I know its difficult but suck up for some time), see if you can work out an NON-WRITTEN agreement on continuing to work for an extended period of time. If you put something in writing saying that you wont work afte r x number of months, it could potentially hurt you. GC needs good faith intent from both employer and beneficiary. Your employer can use that against you. Also, if there are any I140 RFEs you may still need your employer's help.
So don't burn bridges if you can. If you can't tolerate your employer any more, atleast try to get your I140 applied and approved so that you have a shot at retaining your PD.
more...
chris
02-12 02:51 AM
Yes.. I did contacted to congresman office.
His office informed me that our cases are assigned to adjudicating officer.
damn! sorry to hear that Chris, did you contact any congressmen? as for me, I need to take some vacation, this gc bug has bitten me and its hurting now.:)
His office informed me that our cases are assigned to adjudicating officer.
damn! sorry to hear that Chris, did you contact any congressmen? as for me, I need to take some vacation, this gc bug has bitten me and its hurting now.:)
2010 [Wallpapers ASTON MARTIN DBR1
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
more...
raghuram
05-08 04:52 PM
I have not looked around for last few years to see who gives the highest rate. There may be some difference of few paisa per dollar, but if you ignore that, ICICI money transfer is good. I am using it for many years.
hair Aston Martin Sponsored Polo
pdakwala
03-01 08:04 PM
Support IV now or else start packing bags. There are few things that you can do and that is not difficult.
1. Become member of IV
2. Support them by contributing money.
3. Support them by taking part in conference call and meet the lawmakers.
You can do it. By the way stop giving others BS that
1. We are on H1B and so no one will hear us.
2. Is it legal or illlegal to contributing money.
These are nothing but just excuseS. In reallity you don't have guts and faith in yourself.
1. Become member of IV
2. Support them by contributing money.
3. Support them by taking part in conference call and meet the lawmakers.
You can do it. By the way stop giving others BS that
1. We are on H1B and so no one will hear us.
2. Is it legal or illlegal to contributing money.
These are nothing but just excuseS. In reallity you don't have guts and faith in yourself.
more...
drirshad
04-20 02:59 AM
http://hammondlawgroup.blogspot.com/
Thursday, April 19, 2007
Crystal ball gazing ........
Everyone wants us to put on our genie�s hat, gaze into our crystal ball, and try to predict what is going to happen in the next few months. So here it goes �
Congress is set to debate CIR in May. HLG thinks that there is a reasonable chance that one house of Congress passes CIR in the May/June time frame. And that the other house of Congress passes another CIR in June/July. With some negotiation, a compromise CIR bill could be on the president�s desk by the middle of the summer � say July.
In addition, we are also actively courting the bridge legislation that we�ve mentioned many times. HLG was privy to a meeting that took place just this week with a senior staffer in an important Senator�s office. The challenge here is to find the right must-pass legislation that can serve as a host.
Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.
Thursday, April 19, 2007
Crystal ball gazing ........
Everyone wants us to put on our genie�s hat, gaze into our crystal ball, and try to predict what is going to happen in the next few months. So here it goes �
Congress is set to debate CIR in May. HLG thinks that there is a reasonable chance that one house of Congress passes CIR in the May/June time frame. And that the other house of Congress passes another CIR in June/July. With some negotiation, a compromise CIR bill could be on the president�s desk by the middle of the summer � say July.
In addition, we are also actively courting the bridge legislation that we�ve mentioned many times. HLG was privy to a meeting that took place just this week with a senior staffer in an important Senator�s office. The challenge here is to find the right must-pass legislation that can serve as a host.
Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.
hot 1959 Aston Martin DBR1
clif
06-15 01:35 PM
Experts, Please advice on this :
:confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both?
Is it safe to file for extension now or will it affect I-485 filing in July if the extension takes 2-3 months to be approved? My company is asking me for documents to file for extension and I have no idea about their plans for I-485 filing.
Also, less importantly, if I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:
:confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both?
Is it safe to file for extension now or will it affect I-485 filing in July if the extension takes 2-3 months to be approved? My company is asking me for documents to file for extension and I have no idea about their plans for I-485 filing.
Also, less importantly, if I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:
more...
house Aston Martin DBR1, 1959
sabr
09-19 06:06 PM
company A applied for my GC. They cant provide me jobs.
I am working with company B as a contractor (corp to corp with company A and B).. project will finish in a month. already did not work for 12 months even though my I-485 is pending with company A.
now company B offered me to work perm with them by using EAD. while my H1b renewal is pending with company A.
can I work with B while A is still my sponsoring company.
my Q is once h1b approves lets say in a month and renewal for 1 year( can I work with B with EAD for like another 6-8 months and then go out and reenter for H1b with A?
I am working with company B as a contractor (corp to corp with company A and B).. project will finish in a month. already did not work for 12 months even though my I-485 is pending with company A.
now company B offered me to work perm with them by using EAD. while my H1b renewal is pending with company A.
can I work with B while A is still my sponsoring company.
my Q is once h1b approves lets say in a month and renewal for 1 year( can I work with B with EAD for like another 6-8 months and then go out and reenter for H1b with A?
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jonty_11
01-22 12:52 PM
I am also in similar situation.
I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.
Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?
Thanks in advance.
BK
what does your lawyer say????
I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.
Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?
Thanks in advance.
BK
what does your lawyer say????
more...
pictures 1959 Aston Martin DBR1
amdee
12-23 04:31 PM
Hi,
If someone has I485 applied for 6 months for mare than 6 months, can he/she leave the job and join a US school for further studies. Do he/she still need to get F1 visa. Will this have impact on his I485 application.
thx
If someone has I485 applied for 6 months for mare than 6 months, can he/she leave the job and join a US school for further studies. Do he/she still need to get F1 visa. Will this have impact on his I485 application.
thx
dresses 1958 Aston Martin DBR1
saketkapur
03-22 12:12 PM
This is just an opinion and things can be different from case to case.......so please do not take this as legal advice.
As long as one's employment is legal and you are following all the rules regarding employment i.e. in case of an RFE you will be satisfying the rules of AC 21(same or similar job+ salary requirements:even though filing it is not mandatory and should not affect AP travel) you "should(not necessarily would)" be fine.
Do carry all your documents especially "employer verification" documents, paystubs etc to verify your legal status.
No one can predict that how a particular POE will respond so their is no silver bullet answer. All one can say is that if your employment is legal under the current immigration laws then you should be fine....
Please talk to a reputed immigration attorney to get clarifications regarding your specific case.
As long as one's employment is legal and you are following all the rules regarding employment i.e. in case of an RFE you will be satisfying the rules of AC 21(same or similar job+ salary requirements:even though filing it is not mandatory and should not affect AP travel) you "should(not necessarily would)" be fine.
Do carry all your documents especially "employer verification" documents, paystubs etc to verify your legal status.
No one can predict that how a particular POE will respond so their is no silver bullet answer. All one can say is that if your employment is legal under the current immigration laws then you should be fine....
Please talk to a reputed immigration attorney to get clarifications regarding your specific case.
more...
makeup winning Aston Martin DBR1
Jaime
09-07 03:05 AM
How many more before Congress acts?
COME WITH US TO WASHINGTON TO TELL CONGRESS THAT WE'VE ALREADY WAITED LONG ENOUGH!!!!
How many more of us need to leave???? Let's not wait and find out! We love the United States and want to continue to contribute to its growth, world leadership and well-being. Don't let short-sighted politicians prevent you from securing what you have rightfully earned: The Right to contribute to the U.S. in peace and freedom, without abuse, without discrimination, and without the constant threat of being uprooted and kicked out the door like a piece of used old furniture!!!
COME WITH US TO WASHINGTON TO TELL CONGRESS THAT WE'VE ALREADY WAITED LONG ENOUGH!!!!
How many more of us need to leave???? Let's not wait and find out! We love the United States and want to continue to contribute to its growth, world leadership and well-being. Don't let short-sighted politicians prevent you from securing what you have rightfully earned: The Right to contribute to the U.S. in peace and freedom, without abuse, without discrimination, and without the constant threat of being uprooted and kicked out the door like a piece of used old furniture!!!
girlfriend 1959 Aston Martin DBR1
Green.Tech
08-05 05:02 PM
Guys n Girls,
I would like to listen to your views or experience in this matter. As we know, the employer is now required to pay for all fees associated with filing a labor certification (first step in the GC application). Is it legit for the employer to engage the employee in a contract that requires the employee to reimburse all immigration related fees (including the labor cert fee) to the employer if the employee quits the company when the GC petition is pending?
I guess DOL wants the employer to pay for the labor cert fee. Is it ok for the employer to get it back, say a year later, when the employee quits the company, which in sense would mean that the employee ended up paying for the labor cert.
Comments please.
Thanks!
I would like to listen to your views or experience in this matter. As we know, the employer is now required to pay for all fees associated with filing a labor certification (first step in the GC application). Is it legit for the employer to engage the employee in a contract that requires the employee to reimburse all immigration related fees (including the labor cert fee) to the employer if the employee quits the company when the GC petition is pending?
I guess DOL wants the employer to pay for the labor cert fee. Is it ok for the employer to get it back, say a year later, when the employee quits the company, which in sense would mean that the employee ended up paying for the labor cert.
Comments please.
Thanks!
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gcpool
08-23 12:02 PM
in EB3, EB2 and EB1
larmani
10-16 02:19 PM
Hi I got FP notice on 10/13. I filed on July 2nd and got receipt August 24 with TSC.
yabadaba
12-05 08:24 AM
the main thing goes back to what sort of a person becomes a lawyer...mostly those are people with stupid liberal arts degrees in history or sociology. then they decide to do law. if they get into a top tier school a majority of them will practice corporate or tax law....the ones that practice immigration law are from the worst tier of universities or the ones that were in the bottom end of the class. some of the lawyers practicing immigration law went to night school for their JD. they are more incompetent than any of us be it bachelors or masters degree from anywhere.
Our only defense is to learn the law and what is required. Read the document requirements of every single form provided by USCIS. Read as much as possible. remember cases like Chintakuntla vs INS so that u can show the incompetent lawyer that u know what ur talking about.
Our only defense is to learn the law and what is required. Read the document requirements of every single form provided by USCIS. Read as much as possible. remember cases like Chintakuntla vs INS so that u can show the incompetent lawyer that u know what ur talking about.
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