srarao
07-19 04:23 PM
I read some posts and they say we need to go to local heath dept.If some one has exp ,I just wanted their suggestion
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fide_champ
08-04 05:41 PM
Please see my answers inside:
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?
Ans: You cannot work for new employer while COS is in progress. You can do that during H1 transfer but not during COS from L1-H1.
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?
Ans: COS is eligible for premium processing. If your client is waiting, better go for premium processing as getting a client is more harder these days than getting a visa.
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
Ans:It's better to get your family here first and then apply for COS. If you change your status to H1, then your family will have to get H4 stamped before they can enter USA. That can be a problem sometimes if your company is not a well established one. They could avoid the H4 stamping and the hassles that comes with it(221g processing).
!
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?
Ans: You cannot work for new employer while COS is in progress. You can do that during H1 transfer but not during COS from L1-H1.
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?
Ans: COS is eligible for premium processing. If your client is waiting, better go for premium processing as getting a client is more harder these days than getting a visa.
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
Ans:It's better to get your family here first and then apply for COS. If you change your status to H1, then your family will have to get H4 stamped before they can enter USA. That can be a problem sometimes if your company is not a well established one. They could avoid the H4 stamping and the hassles that comes with it(221g processing).
!
gjoe
10-05 11:07 AM
Are you a lawyer? :)
Lawsuit was done few years ago by Rajiv Khanna. Its big business for the lawyers. End result: nothing. So if you want to throw your money to the lawyers, be my guest.
God helps those who help themselves and not to those who throw money to the lawyers. If you want to help yourself, then help IV.
If we have a strong case we won't end up in monetory loses. BTW USCIS has plenty of money now to pay with all those new fees they collected for the applications.
Lawyers will charge money for their service, but finding a good lawyer is what we have to do.
PS: Pardon my typos and spellings
Lawsuit was done few years ago by Rajiv Khanna. Its big business for the lawyers. End result: nothing. So if you want to throw your money to the lawyers, be my guest.
God helps those who help themselves and not to those who throw money to the lawyers. If you want to help yourself, then help IV.
If we have a strong case we won't end up in monetory loses. BTW USCIS has plenty of money now to pay with all those new fees they collected for the applications.
Lawyers will charge money for their service, but finding a good lawyer is what we have to do.
PS: Pardon my typos and spellings
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eastindia
09-23 11:14 AM
As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....
You hate Microsoft because you cannot a job there. Why don't you spend time upgrading your skills and get rid of your hatred for H1B workers.
If you think it is too much for you and you would rather blame Immigrants for your incompetence, then you may want to try apply as a Janitor in Microsoft or Google. Maybe they will hire you. You can then tell all your friends that you work for Microsoft. :D
You hate Microsoft because you cannot a job there. Why don't you spend time upgrading your skills and get rid of your hatred for H1B workers.
If you think it is too much for you and you would rather blame Immigrants for your incompetence, then you may want to try apply as a Janitor in Microsoft or Google. Maybe they will hire you. You can then tell all your friends that you work for Microsoft. :D
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BECsufferer
09-03 10:55 AM
Congrats to 12/2004 PD holders.
Unfortunatly for me and my wife, it appears we will be missing this window of opportunity. Just happened to have filed an AP for her. F&$k USCIS:mad:
Hardly an hour passed by when I got email from CRIS saying " welcome ..." reminding me of Eagles song "welcome to hotel california ...", this was the very song, I heard for first time while waiting for TOFEL exam in summer of 1999 in Delhi. Oh... such a wonderful place.
Guys ... kismet changes!
Unfortunatly for me and my wife, it appears we will be missing this window of opportunity. Just happened to have filed an AP for her. F&$k USCIS:mad:
Hardly an hour passed by when I got email from CRIS saying " welcome ..." reminding me of Eagles song "welcome to hotel california ...", this was the very song, I heard for first time while waiting for TOFEL exam in summer of 1999 in Delhi. Oh... such a wonderful place.
Guys ... kismet changes!
brij523
02-17 10:10 AM
Test Siganture
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Kodi
07-22 09:56 AM
I thought USCIS won't issue EAD without FP. Its not true?
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bigtime008
07-18 01:41 PM
I don't think it's going to work again plus its only going to annoy people at USCIS as they have to assign someone to accept and trash those flowers.
Atlanta PERM Center belongs to DOL not USCIS
Atlanta PERM Center belongs to DOL not USCIS
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dazed378
03-28 02:47 PM
Thanks, snathan.
Is not it strange that IRS processed the tax refund before completing the ITIN processing? They could not confirm the current status of my wife's ITIN processing, as they could not pull out any details about the W-7 based on the information provided by me. They only guessed that it might be still undergoing processing. I wonder if they misplaced the W-7 form or something like that :-(.
Is not it strange that IRS processed the tax refund before completing the ITIN processing? They could not confirm the current status of my wife's ITIN processing, as they could not pull out any details about the W-7 based on the information provided by me. They only guessed that it might be still undergoing processing. I wonder if they misplaced the W-7 form or something like that :-(.
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desi3933
06-12 01:37 PM
Severance package includes all benefits including health care. As per the law no can be paid full salary with deductions being made for Medicare and social security, if there is no valid status. My friends have gone through this stage in Big5, they can NOT cancel H1B until the last day of severance package validity.
Also remember that by law, employer has to arrange a one way ticket to the departing employee (not to the family members) to his/her foreign country and show it in record that they made all arrangements to send away the employee so that there is no overstay or illegal stay after severance package.
I have seen this happening so many times
If employee choses a different option to stay legally, that's up to the employee
Severance Package is NOT salary. One can receive unemployment benefits during the period of severance pay. Please check with your attorney/lawyer. H1 status is valid until last day of employment.
If one applies for H1 transfer during brief period (couple of weeks) after H1 status expiry, USCIS generally approves H1 transfer with new I-94. If the new I-94 is not attached, the one is required is travel abroad to get new visa stamp and re-entry into US gets that person into valid H1 status.
One way ticket is provided only if the employee is fired or laid off. Please check rules before posting. No one-way ticket is required if employee resigns (or made to resign, as some may say).
Also, one need to aware of the risk of losing PD porting, if the existing I-140 is revoked or canceled by the employer.
Please verify details with your attorney/lawyer.
===============================================
Only a qualified attorney can offer legal advice and I am not an attorney therefore I am not offering any advice, only personal opinion and/or information.
Also remember that by law, employer has to arrange a one way ticket to the departing employee (not to the family members) to his/her foreign country and show it in record that they made all arrangements to send away the employee so that there is no overstay or illegal stay after severance package.
I have seen this happening so many times
If employee choses a different option to stay legally, that's up to the employee
Severance Package is NOT salary. One can receive unemployment benefits during the period of severance pay. Please check with your attorney/lawyer. H1 status is valid until last day of employment.
If one applies for H1 transfer during brief period (couple of weeks) after H1 status expiry, USCIS generally approves H1 transfer with new I-94. If the new I-94 is not attached, the one is required is travel abroad to get new visa stamp and re-entry into US gets that person into valid H1 status.
One way ticket is provided only if the employee is fired or laid off. Please check rules before posting. No one-way ticket is required if employee resigns (or made to resign, as some may say).
Also, one need to aware of the risk of losing PD porting, if the existing I-140 is revoked or canceled by the employer.
Please verify details with your attorney/lawyer.
===============================================
Only a qualified attorney can offer legal advice and I am not an attorney therefore I am not offering any advice, only personal opinion and/or information.
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tonyHK12
12-02 10:29 AM
As i had indicated earlier, I spoke with my employer, he cannot do anything in terms of lobbying - but has agreed to do things. He will donate to IV and he will write a letter stating that small businesses like ours need to be able to fully utilize the capabilities of the employers...and it helps to have the green card.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
We can use all the help we can get. Could you send details of this to our moderators StarSun and Pappu.
I will also indicate this to our admins at Donor forum to check how they can best use your employer's help and get back.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
We can use all the help we can get. Could you send details of this to our moderators StarSun and Pappu.
I will also indicate this to our admins at Donor forum to check how they can best use your employer's help and get back.
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bluez25
07-15 01:41 PM
Clicked on Immigration visa's and then appointments and you can find all months schedule there.... where I found for August too..
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humdesi
02-17 03:59 AM
Which was effectively nullified by
"Default Re: Predicted Visa Bulletin movement
Nothing was said, but logically, unless there is worldwide EB3 movement, EB2 for China and India can't advance. EB for India and China have already maxed out for the year and all additional movement is based on leftovers from the rest of the world."
"Default Re: Predicted Visa Bulletin movement
Nothing was said, but logically, unless there is worldwide EB3 movement, EB2 for China and India can't advance. EB for India and China have already maxed out for the year and all additional movement is based on leftovers from the rest of the world."
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martinvisalaw
07-13 05:26 PM
You shouldn't need an experience letter to apply for a H-1B visa, especially when the visa is for a different company. Eligibility for H-1B status doesn't depend on experience, it is education that is important.
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gcfriend65
04-27 03:58 PM
Hagel Introduces Legislation to Deal with Illegal Immigrants Living in the U.S.
A new Senate Bill has been introduced.
U.S. Senator Chuck Hagel (R-NE) has introduced �The Immigrant Accountability Act of 2007.� The legislation would create a merit-based point system to deal with those living in the country illegally. Those who receive enough points would be put on a pathway to earn citizenship after 13 years. Under Hagel�s bill, no person here illegally would be able to jump in line ahead of someone who has applied for citizenship legally.
So, on the Illegal side we have:
Senate Bill: Hagel with The Immigrant Accountability Act of 2007
House Bill: Flake with the STRIVE
On the Legal and High-Tech side we have:
Senate Bill: Cornyn with SKIL Bill
House Bill: Shadegg with SKIL Bill
Senate Discussion: Last two weeks of May 2007.
Let the engines start.
A new Senate Bill has been introduced.
U.S. Senator Chuck Hagel (R-NE) has introduced �The Immigrant Accountability Act of 2007.� The legislation would create a merit-based point system to deal with those living in the country illegally. Those who receive enough points would be put on a pathway to earn citizenship after 13 years. Under Hagel�s bill, no person here illegally would be able to jump in line ahead of someone who has applied for citizenship legally.
So, on the Illegal side we have:
Senate Bill: Hagel with The Immigrant Accountability Act of 2007
House Bill: Flake with the STRIVE
On the Legal and High-Tech side we have:
Senate Bill: Cornyn with SKIL Bill
House Bill: Shadegg with SKIL Bill
Senate Discussion: Last two weeks of May 2007.
Let the engines start.
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roseball
05-14 01:34 PM
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
http://www.murthy.com/news/n_cosapp.html
Thanks..
Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
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yabadaba
07-21 08:52 AM
This idea was floated a few years back, but then we did not have the win of a flower campaign behind us.
We now have a senator to focus our energies on - Dick Durbin.
How about everybody with a US degree send a copy of the diploma in a packet to Sen Durbin with a message - Dont hold us hostage because of a few bad apples..something to that nature?
Alternatively we can send it to Sen Obama asking him to please let the senior senator from illinois, sen Durbin, know we are high skilled immigrants - dont hold us hostage because of a few bad apples.
maybe we can send an apple too :D
sending to sen obama will make sure the issue is played in media because of the presidential coverage.
We now have a senator to focus our energies on - Dick Durbin.
How about everybody with a US degree send a copy of the diploma in a packet to Sen Durbin with a message - Dont hold us hostage because of a few bad apples..something to that nature?
Alternatively we can send it to Sen Obama asking him to please let the senior senator from illinois, sen Durbin, know we are high skilled immigrants - dont hold us hostage because of a few bad apples.
maybe we can send an apple too :D
sending to sen obama will make sure the issue is played in media because of the presidential coverage.
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sparky_jones
10-05 10:49 AM
Never knew that spouse had to be included in the I-140 stage... Is this a new rule?
No, this is basically the left arm of the government not knowing how the right arm does its business.
No, this is basically the left arm of the government not knowing how the right arm does its business.
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sapota
11-15 11:47 AM
Is there any possibility of organizing a statewide charity drive sponsored by IV state chapters during the holiday season. This is the season of giving. Why not organize it through IV state chapters. Proceeds can be donated to charities as suggested by donors. We can target
employers, congressmen, senators, relatives, friends....even anti immigrants will donate.
Anybody with prior experience of such fund raising, please comment. We also need to come up with a slogan for this campaign (It may be better if the slogan in itself is not related to immigration) . IV will just do a soft sell in this propaganda. This will increase IV name & also push respective state members to be active in their state chapters.
Comments?
employers, congressmen, senators, relatives, friends....even anti immigrants will donate.
Anybody with prior experience of such fund raising, please comment. We also need to come up with a slogan for this campaign (It may be better if the slogan in itself is not related to immigration) . IV will just do a soft sell in this propaganda. This will increase IV name & also push respective state members to be active in their state chapters.
Comments?
clockwork
05-11 07:42 AM
Hello All,
I apologize, if it caused any issue due to posting this message on this thread ( I did not realize the severity of thread name). But, what the heck is poorslumdog response? This is stupidity. If you dont have answer, keep the f**k with you.
I apologize, if it caused any issue due to posting this message on this thread ( I did not realize the severity of thread name). But, what the heck is poorslumdog response? This is stupidity. If you dont have answer, keep the f**k with you.
tsiger
06-20 04:48 AM
yo guys.. thanx for voting my stamp! I am in the army now and i left things behind.. i won't be able to join frequently for the next 10 months so see you later all and thanx again for voting!
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