vxb2004
04-28 09:21 PM
I guess employer need to revoke unused H1Bs as part of H1B rules. Maybe that is the reason employer revoked past H1Bs to keep their side clean.
I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.
My guess.
My previous attorney also mentioned the same thing. Looking at this thread it seems all soft/hard lud's were generated on Sunday, April 26th. Maybe a computer program flagged these cases.
I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.
My guess.
My previous attorney also mentioned the same thing. Looking at this thread it seems all soft/hard lud's were generated on Sunday, April 26th. Maybe a computer program flagged these cases.
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dc2007
07-25 08:14 AM
Anybody please help ....
gc_check
07-07 11:30 AM
Recent VB fiasco has put many of us in confusion and disappointment, but will not hold us back… Most of us must be now be moving on with what we have to do and try to get the best, we can with what we have and can and try to make things better for us.
We all have different advice from our attorneys; my attorney did not recommend sending the I-485 papers to USCIS now or did not provide any advice regarding to joining the lawsuit being discussed by AILA. Also my paper work is handled by the Immigration Attorney in my company legal department and not any external law firm.
Talked to couple of friends and some told, they still sent the AOS papers knowing it will be send back and some are in same situation like mine. . Created this poll just to get some sample data how many had files I-485
We all have different advice from our attorneys; my attorney did not recommend sending the I-485 papers to USCIS now or did not provide any advice regarding to joining the lawsuit being discussed by AILA. Also my paper work is handled by the Immigration Attorney in my company legal department and not any external law firm.
Talked to couple of friends and some told, they still sent the AOS papers knowing it will be send back and some are in same situation like mine. . Created this poll just to get some sample data how many had files I-485
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idesign
05-11 01:32 PM
yes, on most of them. if you dont want to create a different color for contrast, try light color of them.
goodluck
goodluck
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extra_mint
10-12 08:47 PM
Question is why make it mandatory ??
There are thousands of prevention medicines and vaccines in the market. Do all of us take all of them !!!!
I think it is safe to assume that answer is NO
We have an option of making choice and it is upto us to either go for a vaccine or not. So fair thing should be not to enforce this on immigrants.
By the way, CDC has approved lots of medicines which are not safe and we figure their side effects later on. Please check the following link (few side effects of gardasil)
http://www.ennislaw.com/gardasil.html
I am not saying that this vaccine is bad for every women, I think it is unfair to make this mandatory and that too just on immigrants.
lawsuit?? oh come on. This is for a CDC recommended vaccine which might help prevent cancer!!
To my mind this is the ONLY fees that we are paying which really means something useful to us... After paying thousands of dollars in fees to USCIS (H1/485/EAD/AP), hundreds to DoS (visa stampings), and sponsoring multiple trips to Hawaii for my lawyer (his fees would make you faint) this is finally a fee that actually does something useful to the applicant, and I would gladly pay this for my family members.
There are thousands of prevention medicines and vaccines in the market. Do all of us take all of them !!!!
I think it is safe to assume that answer is NO
We have an option of making choice and it is upto us to either go for a vaccine or not. So fair thing should be not to enforce this on immigrants.
By the way, CDC has approved lots of medicines which are not safe and we figure their side effects later on. Please check the following link (few side effects of gardasil)
http://www.ennislaw.com/gardasil.html
I am not saying that this vaccine is bad for every women, I think it is unfair to make this mandatory and that too just on immigrants.
lawsuit?? oh come on. This is for a CDC recommended vaccine which might help prevent cancer!!
To my mind this is the ONLY fees that we are paying which really means something useful to us... After paying thousands of dollars in fees to USCIS (H1/485/EAD/AP), hundreds to DoS (visa stampings), and sponsoring multiple trips to Hawaii for my lawyer (his fees would make you faint) this is finally a fee that actually does something useful to the applicant, and I would gladly pay this for my family members.
Administrator2
03-25 11:01 AM
Please check your email and/or private message.
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forgerator
08-20 03:35 PM
I spoke to the US mission- they dont have information yet about the process change for people who want to take appointments after 1st of Sept.
However people who have already taken appointments prior to Sept 1 are not subject to any change. They need to show up with a reciept the day of the interview as before.
Hope this helps.
Excellent thanks . Well if this is true I don't have anything to worry about!
However people who have already taken appointments prior to Sept 1 are not subject to any change. They need to show up with a reciept the day of the interview as before.
Hope this helps.
Excellent thanks . Well if this is true I don't have anything to worry about!
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nixstor
08-04 12:15 PM
The backlog centers have 10 fed govt employees and 100 guys from Exceed unless I am egregiously mistaken.
Why does any one think that those 100 guys will be left out with out any jobs? Wont the 10 fed guys be moved to Chicago/Atlanta NPC's with huge reloc benefits package? If they dont choose to move because of personal reasons, Do you know what kind of severance packages they get?
100 guys from Exceed will be definitely working for other fed agencies after they are done with this gig. IRS has a huge base in Philly and Exceed is a govt contractor. May be IT consultants need to learn from these folks..
"How NOT to get the work done in 5 years?"
B T W Does these places have any guys who are struck with their labor?
Why does any one think that those 100 guys will be left out with out any jobs? Wont the 10 fed guys be moved to Chicago/Atlanta NPC's with huge reloc benefits package? If they dont choose to move because of personal reasons, Do you know what kind of severance packages they get?
100 guys from Exceed will be definitely working for other fed agencies after they are done with this gig. IRS has a huge base in Philly and Exceed is a govt contractor. May be IT consultants need to learn from these folks..
"How NOT to get the work done in 5 years?"
B T W Does these places have any guys who are struck with their labor?
more...
nifedge
04-23 10:01 AM
Hello!
I am in a similar situation. My Passport expires on June 16th 2009, so I got a I-94 that a D/S Date of June 15th 2009. My H1B and I-797 is valid till Oct 22 2009. My Employer contacted me last week saying that my work status expires on June 15th and I need to show new work status to continue working.
As per my attorney, the date on the latest I-94 is THE most important date which dictates how long you can be legally employed as a non-immigrant, it is NOT the date on H1B stamp or I-797 (I-94 date is always equal or earlier than the date on I-797).
So, I am lucky to have EAD through my wife's GC application and I am being forced to switch status to EAD. Since my wife and I work for the same company, I am very worried switching to EAD as there are layoffs imminent in my wife's department, which poses risk to her and me too (if I am on EAD).
One line answer: Your wife should switch to EAD right before her I-94 expires.
My obvious advice is to consult a lawyer.
Anyone on the forum, if you think what I said is wrong, please correct me.
I am in a similar situation. My Passport expires on June 16th 2009, so I got a I-94 that a D/S Date of June 15th 2009. My H1B and I-797 is valid till Oct 22 2009. My Employer contacted me last week saying that my work status expires on June 15th and I need to show new work status to continue working.
As per my attorney, the date on the latest I-94 is THE most important date which dictates how long you can be legally employed as a non-immigrant, it is NOT the date on H1B stamp or I-797 (I-94 date is always equal or earlier than the date on I-797).
So, I am lucky to have EAD through my wife's GC application and I am being forced to switch status to EAD. Since my wife and I work for the same company, I am very worried switching to EAD as there are layoffs imminent in my wife's department, which poses risk to her and me too (if I am on EAD).
One line answer: Your wife should switch to EAD right before her I-94 expires.
My obvious advice is to consult a lawyer.
Anyone on the forum, if you think what I said is wrong, please correct me.
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like_watching_paint_dry
03-15 01:13 PM
u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off
It's not an optional or goodwill thing. With a little bit of googling around here's what I found:
Notify the INS and pay for transportation. Most employment-related visas require the employer to notify the INS when an alien has been fired so that INS can revoke the visa. "Employers are obligated to pay for return travel for that employee back to their home country," Topoleski tells HRWire. Employers who do not comply with these responsibilities are risking being subject to continuing wage obligations for the employee. "The employer's payment obligation ends only if there has been a 'bona fide' termination of the employment relationship, which the DoL will deem to have occurred when the employer notifies the INS of the termination, the H-1B petition is canceled, and the return fare obligation is fulfilled," says Topoleski.
Link: http://www.visalaw.com/news/HRWIRE%20Article%20on%20downsizing.htm
You can complain to DOL if due wages were not paid. I would try and hurt these kind of desi consultancy companies where-ever possible just for having poor ethics.
It's not an optional or goodwill thing. With a little bit of googling around here's what I found:
Notify the INS and pay for transportation. Most employment-related visas require the employer to notify the INS when an alien has been fired so that INS can revoke the visa. "Employers are obligated to pay for return travel for that employee back to their home country," Topoleski tells HRWire. Employers who do not comply with these responsibilities are risking being subject to continuing wage obligations for the employee. "The employer's payment obligation ends only if there has been a 'bona fide' termination of the employment relationship, which the DoL will deem to have occurred when the employer notifies the INS of the termination, the H-1B petition is canceled, and the return fare obligation is fulfilled," says Topoleski.
Link: http://www.visalaw.com/news/HRWIRE%20Article%20on%20downsizing.htm
You can complain to DOL if due wages were not paid. I would try and hurt these kind of desi consultancy companies where-ever possible just for having poor ethics.
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bank_king2003
09-17 01:30 PM
Myself and wife are going to India in end of October and coming back in mid on November (We have already purchased the tickets).
I would like to know our options to reenter the US.
Our status:
1. We both have valid H1-B Visa(Mine is valid till Nov. 2011 and Wife's visa is valid till 2013) but both of our visa stamp is expired.
2. We both have Valid AP and is expiring in feb 2011.
3. Both have valid EAD but both of them are expiring in Nov. 2010 and we have not applied for renewal as of today and are planning to apply by next week.
4. We both work in same company on H1-B (not using EAD) and we both applied for GC/485 seperately and are working for sponsering company.
My questions (I know this has been discussed many times in different threads but its all spread across with different information):
1. I was thinking of not getting a visa stamp this time but use AP to reenter but continue to work on H1-B visa. But my EAD will expire by the time I come back in mid november. Is it required while reentering on AP? Will Immigration officer ask for EAD? (assuming that I don't get a new EAD by the time I leave USA)
2. Lets say I can reenter using AP (with expired EAD), I read that I-94 will be valid for the time until AP expires (lets say one year) and I-94 will say parolee. Can I continue to work on H1-B and not worry about naything after that I-94 valid date expires as long I renew my H1-B and renew AP and EAD?
Please advice as soon as you can.
Thanks
Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.
short answer - i had been in your situation and what my laywer told me is this
doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.
Secondly, you are all good to continue working on your H1b even after entering through AP.
this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.
Good Luck !!
I would like to know our options to reenter the US.
Our status:
1. We both have valid H1-B Visa(Mine is valid till Nov. 2011 and Wife's visa is valid till 2013) but both of our visa stamp is expired.
2. We both have Valid AP and is expiring in feb 2011.
3. Both have valid EAD but both of them are expiring in Nov. 2010 and we have not applied for renewal as of today and are planning to apply by next week.
4. We both work in same company on H1-B (not using EAD) and we both applied for GC/485 seperately and are working for sponsering company.
My questions (I know this has been discussed many times in different threads but its all spread across with different information):
1. I was thinking of not getting a visa stamp this time but use AP to reenter but continue to work on H1-B visa. But my EAD will expire by the time I come back in mid november. Is it required while reentering on AP? Will Immigration officer ask for EAD? (assuming that I don't get a new EAD by the time I leave USA)
2. Lets say I can reenter using AP (with expired EAD), I read that I-94 will be valid for the time until AP expires (lets say one year) and I-94 will say parolee. Can I continue to work on H1-B and not worry about naything after that I-94 valid date expires as long I renew my H1-B and renew AP and EAD?
Please advice as soon as you can.
Thanks
Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.
short answer - i had been in your situation and what my laywer told me is this
doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.
Secondly, you are all good to continue working on your H1b even after entering through AP.
this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.
Good Luck !!
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dionysus
03-17 01:59 PM
Hi, continuing the same line of discussion, I have a slightly different question. Assuming the insurance company does not reimburse us for 485 medical exams, then can we atleast seek tax rebate on this expenditure? In other words, are the medical expenses incurred for 485 filing deductible at the time of tax filing?
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hibworker
12-17 02:23 PM
There is no limit on the amount of money that a person can bring in. However if a person is carrying $10 k (this includes cash, travellers check, bank draft etc) or >5k in cash then that has to be declared at customs and person should go through Red Channel.
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sunny02
08-18 01:35 PM
Hi Everyone,
Have a question
My wife came to USA on H4 (2007), we have applied for H1 this year(2008)and is it approved (we did not received the petition yet). She has to travel back to india for a month from (Sep 08 - Mid Oct08). I am concerned about the issues/status when she enters back in USA. Her H4 is valid till Sep-2009.
1) Can she go back on H4 visa and return back with the same H4 visa. Will she be having any issues at the Immigartion officer at port of entry. If so, what type of questions she has to face?
2)After coming back, will her H1 have any issues ?
What would be the best thing to do .. I am really worried about this status issues.
Can any one of you pls let me know how to face this .
Have a question
My wife came to USA on H4 (2007), we have applied for H1 this year(2008)and is it approved (we did not received the petition yet). She has to travel back to india for a month from (Sep 08 - Mid Oct08). I am concerned about the issues/status when she enters back in USA. Her H4 is valid till Sep-2009.
1) Can she go back on H4 visa and return back with the same H4 visa. Will she be having any issues at the Immigartion officer at port of entry. If so, what type of questions she has to face?
2)After coming back, will her H1 have any issues ?
What would be the best thing to do .. I am really worried about this status issues.
Can any one of you pls let me know how to face this .
more...
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needhelp!
09-22 01:50 PM
I'd like to think it was our media campaign letters that did it :)
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-inline_21edi.ART.State.Edition1.427fa5a.html
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-inline_21edi.ART.State.Edition1.427fa5a.html
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kutra
03-05 07:26 PM
Hi,
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
Yup, unfortunately, pregnancy is considered to be a pre-existing condition which is automatically disqualified by most insurers. Obama's healthcare would remove this sickening clause, but until then your options are (1) keep trying until you find an insurer willing to pay for the expenses or (2) fund it out of your own pocket or (3) deliver the baby in your home country.
I would go for #1 or #2.
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
Yup, unfortunately, pregnancy is considered to be a pre-existing condition which is automatically disqualified by most insurers. Obama's healthcare would remove this sickening clause, but until then your options are (1) keep trying until you find an insurer willing to pay for the expenses or (2) fund it out of your own pocket or (3) deliver the baby in your home country.
I would go for #1 or #2.
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dkupadhyay
02-03 10:55 AM
My I-485 application finally got denied on 02/02/10. I just got e-mail update. Don't have any details as of now.
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KabAyegaMeraGc
10-22 08:14 PM
You are very welcome...
Consular processing is way faster is what I was told.
Consular processing is way faster is what I was told.
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Lisap
08-27 05:27 PM
Hello all,
My attorney filed my original 485 on June 28th at NSC. My PD is July 06. I didnt realize this until mid Aug. My attorney filed a second application on Aug 15th. I did a stop payment on the original checks as advised by my attorney. This afternoon I received receipts from the original filing with a receipt date of July 2nd. I cannot reverse the stop payment- I just called the bank. Will my application be rejected now because of the checks or should I send new checks with the receipt number and a note stating what happened? Or should I just wait for recepits for the 2nd application? Thank you.
My attorney filed my original 485 on June 28th at NSC. My PD is July 06. I didnt realize this until mid Aug. My attorney filed a second application on Aug 15th. I did a stop payment on the original checks as advised by my attorney. This afternoon I received receipts from the original filing with a receipt date of July 2nd. I cannot reverse the stop payment- I just called the bank. Will my application be rejected now because of the checks or should I send new checks with the receipt number and a note stating what happened? Or should I just wait for recepits for the 2nd application? Thank you.
qualified_trash
07-11 12:36 PM
I prefer that people who do not know how to run a business stick to option 2.
powerman
08-14 02:13 PM
I did it too and as long as you are with the same company doing the same job as you did when you originally started... GO FOR IT... BEC's are a big mess and they are here to stay... at least for another 2 years (this is just my prediction)
Hi Mike,
I am with same company since I came (since 2000) and my current LC (RIR, EB3-India) pendng at PEBC, my PD is 06/16/03, I am about to file 8th H1 Ext, My Lawyer is not advising me to convert into PERM, can you suggest/refferer your lawyer?
Thanks
Hi Mike,
I am with same company since I came (since 2000) and my current LC (RIR, EB3-India) pendng at PEBC, my PD is 06/16/03, I am about to file 8th H1 Ext, My Lawyer is not advising me to convert into PERM, can you suggest/refferer your lawyer?
Thanks
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