Wendyzhu77
05-21 05:07 PM
This is a very very special case, and using this case to prove the need for maintaining H1 is very shaky.
If the one without valid status is an adult, leaving country will be no good because of the 10+ years out-of-status will lead to a huge bar of visa. So the only point is: the person happen to be under 18 and could have used that to avoid the visa bar. But, HOW MANY PEOPLE HAVE A CHILD THAT HAS BEEN OUT OF STATUS FOR 10+ YEARS ???
What's the good of paying to get an edge that you are never going to use? Of course, I definitely see it is good for the lawyer, since applying for H1 is almost 10 times more costly than applying for EAD!
�You don�t need to extend your H-1B status, you�ve got an EAD!� If I read such a statement on a message board, I might understand that since the author was not trained as an immigration attorney, this may seem logical to him. However, when someone who is seeking my advice tells me that his former attorney told me this, I cringe. Why should someone with an Employment Authorization Document (EAD) not use it, but instead keep renewing their H-1B status? Consider this real life example: Last week, an Indian professional had a legal consultation with me. He had been in...
More... (http://blogs.ilw.com/carlshusterman/2009/05/the-importance-of-maintaining-your-h1b-status.html)
If the one without valid status is an adult, leaving country will be no good because of the 10+ years out-of-status will lead to a huge bar of visa. So the only point is: the person happen to be under 18 and could have used that to avoid the visa bar. But, HOW MANY PEOPLE HAVE A CHILD THAT HAS BEEN OUT OF STATUS FOR 10+ YEARS ???
What's the good of paying to get an edge that you are never going to use? Of course, I definitely see it is good for the lawyer, since applying for H1 is almost 10 times more costly than applying for EAD!
�You don�t need to extend your H-1B status, you�ve got an EAD!� If I read such a statement on a message board, I might understand that since the author was not trained as an immigration attorney, this may seem logical to him. However, when someone who is seeking my advice tells me that his former attorney told me this, I cringe. Why should someone with an Employment Authorization Document (EAD) not use it, but instead keep renewing their H-1B status? Consider this real life example: Last week, an Indian professional had a legal consultation with me. He had been in...
More... (http://blogs.ilw.com/carlshusterman/2009/05/the-importance-of-maintaining-your-h1b-status.html)
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neoklaus
11-14 03:33 PM
Does it have anything to do with how recently you travelled out of the country? or How recently you came into this country? My wife came to US only 6 months back and I am not sure if this has got to do anything with the whole biometrics thing?
It is probably just this IO who has a different intepretation of the rules.
I came to US in June,07, my husband & daughter -Aug.14,07...probably just interpretation matters
It is probably just this IO who has a different intepretation of the rules.
I came to US in June,07, my husband & daughter -Aug.14,07...probably just interpretation matters
DallasBlue
07-18 09:24 PM
Can I expect Conference call this Sunday (07/21) ? Please provide me the Phone number / Any password-Pin/ ANd time for the conference call.
yes. 7/22 @ 11am cst
Dial-In #: 1-218-486-1300
Bridge:
yes. 7/22 @ 11am cst
Dial-In #: 1-218-486-1300
Bridge:
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basav
08-03 03:20 PM
I came to US in March 2007 on L1B, mean time applied for H1b during April 2008 which got approved with COS effective from Oct 1 2008,
I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,
Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.
Now I would like to take up H1B in a month time, following are my questions
1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave !
I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,
Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.
Now I would like to take up H1B in a month time, following are my questions
1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave !
more...
cooldude
07-27 10:06 PM
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
I am not sure.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
I am not sure.
nixstor
08-23 10:26 PM
I was thinking that BEC's have 300K odd cases. Are you sure its only 180K?
more...
tonyHK12
02-11 11:57 AM
Thank you for your input Pappu and we appreciate your diligence in the efforts to IV. However the question is: will this bill have the potential to move forward?
The way we get this Bill and others like this to move forward is meeting lawmakers, and taking part and supporting our Advocacy days effort on April 4th and 5th this year.
The way we get this Bill and others like this to move forward is meeting lawmakers, and taking part and supporting our Advocacy days effort on April 4th and 5th this year.
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santb1975
02-14 08:01 PM
^^
For the same reason, please help yourself to the NORCAL thread;)
For the same reason, please help yourself to the NORCAL thread;)
more...
karthiknv143
05-14 01:14 AM
__________All Other________ China _________ India __________ Mexico _______ Phillipines
EB-1_________ C ____________ C ____________ C ____________ C ____________ C
EB-2_________ C ________ 01 APR 04 _____ 01 APR 04 _________ C ____________ C
EB-3_____ 01 MAR 06 _____ 22 Mar 03 _____ 01 NOV 01 _____ 01 JUL 02 _____ 01 MAR 06
Other_____01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03
Everything else is current.
Link to travel.state.gov bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
There are many links on this.. Please check the discussions..
EB-1_________ C ____________ C ____________ C ____________ C ____________ C
EB-2_________ C ________ 01 APR 04 _____ 01 APR 04 _________ C ____________ C
EB-3_____ 01 MAR 06 _____ 22 Mar 03 _____ 01 NOV 01 _____ 01 JUL 02 _____ 01 MAR 06
Other_____01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03
Everything else is current.
Link to travel.state.gov bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
There are many links on this.. Please check the discussions..
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go_guy123
01-20 12:24 PM
Short pass plays
WEST COAST OFFENSE OVERVIEW (http://www.westcoastoffense.com/overview.htm)
Obama needs to stop Congress from doing the big comprehensive things and focus them on smaller and faster laws that help americans.
The current healthcare, climate change, immigration reform should be broken up in dozens of smaller bills. They will either pass or he can paint the republicans as siding with the Insurance companies to block access to healthcare for people with pre-existing conditions for example.
There are lots of parts in Healthcare, Energy, CIS, etc, that can pass right now and he should take a lead on that. Otherwise the base that voted for him in 2008 is not going to turn up in 2010.
- JZ
Rightly said all "Comprehensive" are a recipe for failures.
WEST COAST OFFENSE OVERVIEW (http://www.westcoastoffense.com/overview.htm)
Obama needs to stop Congress from doing the big comprehensive things and focus them on smaller and faster laws that help americans.
The current healthcare, climate change, immigration reform should be broken up in dozens of smaller bills. They will either pass or he can paint the republicans as siding with the Insurance companies to block access to healthcare for people with pre-existing conditions for example.
There are lots of parts in Healthcare, Energy, CIS, etc, that can pass right now and he should take a lead on that. Otherwise the base that voted for him in 2008 is not going to turn up in 2010.
- JZ
Rightly said all "Comprehensive" are a recipe for failures.
more...
GCBy3000
04-17 10:29 AM
Last time when Bill Clinton signed similar bill, it became effective immediately. So this should also be immediate.
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cygent
06-11 07:19 PM
Based on this situation, if Company does not revoke your I-140, but closes it's doors, what happens? Does that preclude that the 140 is null void?
You are now working for Company B with 3yr H1-B, and porting the old PD.
Does anybody know?
You are now working for Company B with 3yr H1-B, and porting the old PD.
Does anybody know?
more...
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franklin
02-08 04:03 PM
Love to take the poll, but it is excluding all but a section of members - you take it for granted that this is an Indian only forum and organization
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walking_dude
01-30 11:38 AM
Media coverage of the situation faced by Highly-skilled immigrants has been negligible or nil. As a result many of the lawmakers are unaware of the situation faced by us. IV has come forward to make a Press Release on our behalf to educate the media on the impact of the issue on our community.
Now that IV has done it's part and issued a Press Release outlining the issues faced by highly-skilled employment immigrants in Michigan, onus is on MI members, and others, to call upon the MI newspapers and media to cover our issues as outlined in the press release.
I request all MI members, and others, to call up and/or E-mail the newspapers urging them to feature a newstory covering the issues faced by our community citing IV PR as the source. We are also in the process of collecting and collating stories from people who were rejected licences due to the new rule.
If we can get our stories to the media it will provide publicity to our issues and get noticed by Michigan lawmakers while deciding on the new law. Hence it's really crticial for all of us to participate and make this action item a success story.
Here's a template you can use to E-mail. Put your name and address as newspapers don't normally respond to E-mails sent anonymously. Also customize as required. Please kep the reference to IV Press Release as it's important to get coverage for our issue.
Dear Editor,
I'm a regular reader of your newspaper, and would like you to cover the issues faced by legal highly-skilled immigrants due to decision by Michigan Secretary of State Ms. Terri Lynn Land to deny Driving Licences to residents on temporary visa status. This rule impacts thousands of legal immigrant workers in Michigan, like me, by impacting our ability to commute to work. It also affects a large number of International students studying in the state universities.
As a regular reader , I feel disappointed by the lack of media coverage for an issue affecting thousands in the state, including yours. Immigration Voice (http://www.immigrationvoice.org) , a non-profit grassroots organization working to fix the issues faced by legal employment-based immigrants has issued a press release on the issue.
http://www.prweb.com/releases/2008/1/prweb661904.htm
I urge you to cover this issue through a news story. Immigration Voice has been collecting stories from affected members of our community. If your newsreporters need any help in developing the story, Immigration Voice can certainly help you on this issue. Michigan chapter of Immigration Voice can be contacted by E-mailing - vivek AT ImmigrationVoice DOT org
Sincerely,
xxxx
<<name>>
<<address>>
<<phone>>
IV Press Release - http://www.prweb.com/releases/2008/1/prweb661904.htm
IV update on the Press Release - http://immigrationvoice.org/forum/showpost.php?p=218184&postcount=30
Contact info for MI Newspapers - http://action.aclumich.org/michigannewspapers
Now that IV has done it's part and issued a Press Release outlining the issues faced by highly-skilled employment immigrants in Michigan, onus is on MI members, and others, to call upon the MI newspapers and media to cover our issues as outlined in the press release.
I request all MI members, and others, to call up and/or E-mail the newspapers urging them to feature a newstory covering the issues faced by our community citing IV PR as the source. We are also in the process of collecting and collating stories from people who were rejected licences due to the new rule.
If we can get our stories to the media it will provide publicity to our issues and get noticed by Michigan lawmakers while deciding on the new law. Hence it's really crticial for all of us to participate and make this action item a success story.
Here's a template you can use to E-mail. Put your name and address as newspapers don't normally respond to E-mails sent anonymously. Also customize as required. Please kep the reference to IV Press Release as it's important to get coverage for our issue.
Dear Editor,
I'm a regular reader of your newspaper, and would like you to cover the issues faced by legal highly-skilled immigrants due to decision by Michigan Secretary of State Ms. Terri Lynn Land to deny Driving Licences to residents on temporary visa status. This rule impacts thousands of legal immigrant workers in Michigan, like me, by impacting our ability to commute to work. It also affects a large number of International students studying in the state universities.
As a regular reader , I feel disappointed by the lack of media coverage for an issue affecting thousands in the state, including yours. Immigration Voice (http://www.immigrationvoice.org) , a non-profit grassroots organization working to fix the issues faced by legal employment-based immigrants has issued a press release on the issue.
http://www.prweb.com/releases/2008/1/prweb661904.htm
I urge you to cover this issue through a news story. Immigration Voice has been collecting stories from affected members of our community. If your newsreporters need any help in developing the story, Immigration Voice can certainly help you on this issue. Michigan chapter of Immigration Voice can be contacted by E-mailing - vivek AT ImmigrationVoice DOT org
Sincerely,
xxxx
<<name>>
<<address>>
<<phone>>
IV Press Release - http://www.prweb.com/releases/2008/1/prweb661904.htm
IV update on the Press Release - http://immigrationvoice.org/forum/showpost.php?p=218184&postcount=30
Contact info for MI Newspapers - http://action.aclumich.org/michigannewspapers
more...
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ilikekilo
07-17 02:02 PM
DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.
given that u have just joined the group, let me say welcome aboard...
u made a wise decision to join this effort.. however regretfully I beg to defer , for you to be too quick to ask questions or updates and be more patient..
please aks yourself..what did u do for IV....what can u expect...
if u are a very active member and did contribute to IV, please accept my apologies
given that u have just joined the group, let me say welcome aboard...
u made a wise decision to join this effort.. however regretfully I beg to defer , for you to be too quick to ask questions or updates and be more patient..
please aks yourself..what did u do for IV....what can u expect...
if u are a very active member and did contribute to IV, please accept my apologies
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WeldonSprings
05-27 01:48 PM
120 days, but 90 days atleast
Does anyone know how many days prior to expiration of EAD, we can file for extension?
Does anyone know how many days prior to expiration of EAD, we can file for extension?
more...
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nixstor
04-19 11:18 AM
JP,
Will you be our Leonardo Dicaprio of The Departed? We already have Matt Damon(s) here on our forum. :) Just kidding
Will you be our Leonardo Dicaprio of The Departed? We already have Matt Damon(s) here on our forum. :) Just kidding
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frostrated
08-05 04:01 PM
I think this is like saying.....My friends drove on I-101 at 80 MPH and they never get Ticket. Ahhha....Immigration is like game and we never know when you get trapped.
Take advise of your Attorney, still you need to work on your own to get exact information....and correct way of doing.
I think person shouldn't leave country after applying AP and come back with AP which got approved while abroad.
Yes they can if they have VALID H1/H4 Visa stamping.
Thanks.....No offense guys.
VK.
I had to leave the country on work and was outside for close to 4 months. When I left, I had an approved AP1 in hand, and had applied for AP2. AP2 was approved while I was outside the country. I returned on AP2 with no problems.
Take advise of your Attorney, still you need to work on your own to get exact information....and correct way of doing.
I think person shouldn't leave country after applying AP and come back with AP which got approved while abroad.
Yes they can if they have VALID H1/H4 Visa stamping.
Thanks.....No offense guys.
VK.
I had to leave the country on work and was outside for close to 4 months. When I left, I had an approved AP1 in hand, and had applied for AP2. AP2 was approved while I was outside the country. I returned on AP2 with no problems.
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polapragada
09-04 12:41 AM
i see perm approvals with PD of may 16th...(chicago)
my Pd is may 2nd..how did they miss my case?????
is there anyway i can check my labor status??? :confused:
Checking Status of PERM can be done your Employer or Lawyer
In DOL web site with the C-08xxx-xxxxx Number
Employee can't check the status directly
my Pd is may 2nd..how did they miss my case?????
is there anyway i can check my labor status??? :confused:
Checking Status of PERM can be done your Employer or Lawyer
In DOL web site with the C-08xxx-xxxxx Number
Employee can't check the status directly
cptbaseball
05-14 02:27 PM
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
LONGGCQUE
07-18 01:29 PM
ineedhelp,
Here are a few facts based on my first hand experience. I was employed with L&T Infotech for 5+ yrs and left them while in US on H1. Legally, they cannot do anything against you in US as bonds you signed were in Indian judicial limits and are not applicable in US. But yes, they can enforce it legally in India. I have heard and known cases wherein these Indian companies have taken employees to court. I am still following with my ex-company for settlement and they have a claim of 13-14K USD(they add interest on bond from the date you leave @ xx%). Get all papers from them before you part like detailed exp. letter etc, paystubs etc from GC perspective(if u r interested).
Read one of my posts of I140 issues that i am going thru. That will give you some idea of potential issues.
My advice - once you resign they will anyway take you to legal way in India...they will do this coz they have to follow there HR process and scare you and other people around you of repurcussions. Give them a resignation notice of 1-2 weeks and when they ask to stay a little longer to satisfy clients or knowledge transfer, then negotiate with them and get your paperwork etc. Decide on whats best in your future interests.
Good luck. It will work out well for you.
*** Not a lawyer advice ***
Here are a few facts based on my first hand experience. I was employed with L&T Infotech for 5+ yrs and left them while in US on H1. Legally, they cannot do anything against you in US as bonds you signed were in Indian judicial limits and are not applicable in US. But yes, they can enforce it legally in India. I have heard and known cases wherein these Indian companies have taken employees to court. I am still following with my ex-company for settlement and they have a claim of 13-14K USD(they add interest on bond from the date you leave @ xx%). Get all papers from them before you part like detailed exp. letter etc, paystubs etc from GC perspective(if u r interested).
Read one of my posts of I140 issues that i am going thru. That will give you some idea of potential issues.
My advice - once you resign they will anyway take you to legal way in India...they will do this coz they have to follow there HR process and scare you and other people around you of repurcussions. Give them a resignation notice of 1-2 weeks and when they ask to stay a little longer to satisfy clients or knowledge transfer, then negotiate with them and get your paperwork etc. Decide on whats best in your future interests.
Good luck. It will work out well for you.
*** Not a lawyer advice ***
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