Gravitation
12-19 12:32 AM
There's a quite a misconception that if h1 is canceled, it cannot be extended. It's nothing like that. Your friend can file for visa transfer (pay extra for premium processing) and get it in two weeks.
The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.
Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.
The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.
Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.
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coolpal
04-28 03:37 PM
My wife came from india this sunday (4/26) @ JFK... she is working on EAD and had an expired H1b stamp in her PP.... She was asked about the purpose of the Visit by the IO and also at the AP fingerprinting, and the first IO asked about the expired H1, but she said she is working on EAD and had a valid AP.. he asked her something about how she could prove that she started working on EAD or something like that, but he didn't wait for answer... sent her to AP finger printing.... it all took less than 50 mins. I should say this is waaaaay smoother than the experience we had at EWR in 2006.
pal :)
pal :)
abhijitp
07-09 12:44 AM
Chindambaram's statement on HSMP rule change. Article has mention of H1B too.
This is why I think it is not such a bad idea. Yeah, there may be other reasons why IV core does not think this is a good idea.
http://www.workpermit.com/news/2007_01_30/uk/india_unhappy_about_immigration_policy.htm
30 January 2007
There are close cultural and economic ties between the The United Kingdom and India. However, the two Countries are at odds over immigration. The Indian Finance Minister, Palaniappan Chidambaram, has warned that Britain would be the "loser" if immigration laws are not relaxed to make it easier for Indians to work in the UK.
Since 5 December 2006 it has become more difficult for many overseas workers to obtain the coveted HSMP visa in the UK. This is a sore point between the two nations at a time when both are looking at forging closer economic ties. However, it should be noted that there is no quota on the number of skilled professionals allowed into the UK under the HSMP or work permit scheme.
Recent comments during a trip to India from Gordon Brown, UK's Chancellor of the Exchequer, about raising caps on foreign investment, were considered a bit absurd by some business commentators because his government had just made sweeping changes to the Highly Skilled Migrant Programme (HSMP), affecting several thousand Indians. Indians are the largest national group affected by the changes.
"Many knowledge workers could go abroad for three months, six months or a year and add to our exports, but they are constrained by a very restrictive visa regime and local tax laws," said Mr. Chidambaram.
"If a qualified professional from India is denied entry and that place is taken by a less qualified person from, say, Eastern Europe, surely the UK is the loser?"
Mr. Chidambaram's comment seems directed at various European Union policies to favor professionals from within the EU. One of the main aims of the EU is to make it possible for an EU citizen to work freely in any EU Country. Most EU Citizens have been able to benefit from the free movement provisions for many years.
A very similar line of reasoning is regularly put forth regarding the H-1B visa in the United States. Both the U.S. and the UK, along with all the most advanced western nations such as Canada, Australia and New Zealand, are aggressively competing for the most educated and skilled migrant workers from around the globe, regardless of country of origin. However, compared to employers in the other Countries, it is quite difficult for US employers to obtain a visa to employ skilled professionals in the US.
Mr. Chidambaram, 61, was educated at Harvard Business School and represents himself as a strong supporter of free trade.
This is why I think it is not such a bad idea. Yeah, there may be other reasons why IV core does not think this is a good idea.
http://www.workpermit.com/news/2007_01_30/uk/india_unhappy_about_immigration_policy.htm
30 January 2007
There are close cultural and economic ties between the The United Kingdom and India. However, the two Countries are at odds over immigration. The Indian Finance Minister, Palaniappan Chidambaram, has warned that Britain would be the "loser" if immigration laws are not relaxed to make it easier for Indians to work in the UK.
Since 5 December 2006 it has become more difficult for many overseas workers to obtain the coveted HSMP visa in the UK. This is a sore point between the two nations at a time when both are looking at forging closer economic ties. However, it should be noted that there is no quota on the number of skilled professionals allowed into the UK under the HSMP or work permit scheme.
Recent comments during a trip to India from Gordon Brown, UK's Chancellor of the Exchequer, about raising caps on foreign investment, were considered a bit absurd by some business commentators because his government had just made sweeping changes to the Highly Skilled Migrant Programme (HSMP), affecting several thousand Indians. Indians are the largest national group affected by the changes.
"Many knowledge workers could go abroad for three months, six months or a year and add to our exports, but they are constrained by a very restrictive visa regime and local tax laws," said Mr. Chidambaram.
"If a qualified professional from India is denied entry and that place is taken by a less qualified person from, say, Eastern Europe, surely the UK is the loser?"
Mr. Chidambaram's comment seems directed at various European Union policies to favor professionals from within the EU. One of the main aims of the EU is to make it possible for an EU citizen to work freely in any EU Country. Most EU Citizens have been able to benefit from the free movement provisions for many years.
A very similar line of reasoning is regularly put forth regarding the H-1B visa in the United States. Both the U.S. and the UK, along with all the most advanced western nations such as Canada, Australia and New Zealand, are aggressively competing for the most educated and skilled migrant workers from around the globe, regardless of country of origin. However, compared to employers in the other Countries, it is quite difficult for US employers to obtain a visa to employ skilled professionals in the US.
Mr. Chidambaram, 61, was educated at Harvard Business School and represents himself as a strong supporter of free trade.
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lvaka
07-18 10:58 AM
I read some where that filing is allowed to Aug-17, but the new fees will effected on 01-Aug although July filers.
Correct me If I'm wrong.
Here is the Actual update link from USCIS.gov
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
You can go to USCIS.gov page and look for the press releases.
New fees will apply to the ppl whose labor gets approved after July 31st. For all the guys who are eligible according to the June 12th Visa Bulletin, though they apply till Aug 7th, only old fees applies.
Good luck.
Correct me If I'm wrong.
Here is the Actual update link from USCIS.gov
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
You can go to USCIS.gov page and look for the press releases.
New fees will apply to the ppl whose labor gets approved after July 31st. For all the guys who are eligible according to the June 12th Visa Bulletin, though they apply till Aug 7th, only old fees applies.
Good luck.
more...
kaisersose
07-11 06:09 PM
As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..
To be more accurate, there should be a bonafide offer of employment at the time of RFE/NOID. It can be an offer to start at a later date (as late as GC approval) and does not have to be current.
To be more accurate, there should be a bonafide offer of employment at the time of RFE/NOID. It can be an offer to start at a later date (as late as GC approval) and does not have to be current.
mariodude100
08-25 09:36 PM
Ok thx Templarian....Then make a sonic one
more...
a1b2c3
08-05 11:51 AM
it was pending..pls check the PM I sent you.
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deepakjain
06-18 03:54 PM
What is the best way to send the documents to the emabassy? I asked because I live in Ahmedabad and I am planning to go for stamping the very next day I arrive in India.
Thanks for your help.
jignesh
Better you send the documents on the same day you take the appointment while you are in US....send it with priority - 2 days and with receipt acknowledgement...you will get atleast 2 weeks time after you schedule your appointment. [It will always be a touch an go situation..better you send the documents through Fedex or UPS the same day you take appointment...62$ for sending the documents is much less then taking appointment again and going through the same process....
Please visit VFS site and read all about Mumbai consulate...the rules at mumbai consulate are different from the other 4 offices
Thanks for your help.
jignesh
Better you send the documents on the same day you take the appointment while you are in US....send it with priority - 2 days and with receipt acknowledgement...you will get atleast 2 weeks time after you schedule your appointment. [It will always be a touch an go situation..better you send the documents through Fedex or UPS the same day you take appointment...62$ for sending the documents is much less then taking appointment again and going through the same process....
Please visit VFS site and read all about Mumbai consulate...the rules at mumbai consulate are different from the other 4 offices
more...
smartboy75
12-04 06:41 PM
Hi Folks
As we go through the motions from one visa bulletin to another, I wanted to start a discussion regarding maitaining PR. I have been pondering about this for quiet some days and also reseached a bit and am still unable to get correct information.
Following are the guidelines for maintaining Permanent residency on the USCIS website:
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a �nonimmigrant� on your tax returns.
Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
Although the USCIS website clearly states in points 2 and 3 the residency requirement, I am still not clear what the rules says. For eg: After getting my GC is there any specific number of days I need to stay in the US mandatorily ?? Is it 1 week, 3 months, 6 months ?? What if I visit the US only for a month or two and then remain out ..would that result in revoking of my GC.....???
The more I think, the more I am convinced that your GC is really precious if you want to be a US citizen.....if not then there is always a risk of loosing it ..even accidentally ?? If yes, then is it worth the trouble and hassel ??
Can anyone throw more light on what the law says....can anyone guide as to what must be done if you want to maintain ur PR but at the same time not live here continuously ??
PS: Please no educated guesses ...
Appreciate your help.
As we go through the motions from one visa bulletin to another, I wanted to start a discussion regarding maitaining PR. I have been pondering about this for quiet some days and also reseached a bit and am still unable to get correct information.
Following are the guidelines for maintaining Permanent residency on the USCIS website:
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a �nonimmigrant� on your tax returns.
Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
Although the USCIS website clearly states in points 2 and 3 the residency requirement, I am still not clear what the rules says. For eg: After getting my GC is there any specific number of days I need to stay in the US mandatorily ?? Is it 1 week, 3 months, 6 months ?? What if I visit the US only for a month or two and then remain out ..would that result in revoking of my GC.....???
The more I think, the more I am convinced that your GC is really precious if you want to be a US citizen.....if not then there is always a risk of loosing it ..even accidentally ?? If yes, then is it worth the trouble and hassel ??
Can anyone throw more light on what the law says....can anyone guide as to what must be done if you want to maintain ur PR but at the same time not live here continuously ??
PS: Please no educated guesses ...
Appreciate your help.
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RNGC
04-08 09:38 PM
As per INA 202, many of you know that for employment based immigration, the limit is 7% of 140k per country, if there are unused visas from family based or from previous years, USCIS should try to use them, which is not happenning....
see a detailed notes on INA 202 here...
http://boards.immigrationportal.com/showthread.php?t=240387
(search for gclong1)
I am trying to understand why the 7% was set ? When the law was signed. Things have drastically changed, more skilled people are coming to US from India, shouldn't the law be changed ? I think we should start pushing for more employment based visas, double it to 300k. The 7% formula has to be revisited.
Is 7% per country is fair ?
------------------------
Legal Immigrant Source Source:
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table03d.xls
(More reports here...(http://www.dhs.gov/ximgtn/statistics/publications/LPR06.shtm)
Population Source:
http://en.wikipedia.org/wiki/List_of_countries_by_population
Cuba: ( BTW, Cuba is just taken as a example just to explain the math)
Total Population = 11,000,000 (11 Million)
Total Population Percent = 0.17 %
Legal Immigrants from Cuba to USA in 2006 = 45,614
Percent of Legal Immigrants from Cuba to USA compared with their population in 2006 = 0.4146 %
[(45614.0/11000000.0)*100.0 = 0.4146]
India:
Total Population = 1,131,264,000 (1.1 Billion)
Total Population Percent = 17 %
Legal Immigrants from India to USA in 2006= 61,369
Percent of Legal Immigrants from India to USA compared with their population in 2006 = 0.0054
[(61369.0/1131264000)*100.0 = 0.0054]
Cuba has a 0.4146 Legal Immigrants in US per 100 of their population
India has 0.0054 Legal Immigrants in US per 100 of their population
What is the difference in percent ?
(0.4146 - 0.0054)*100.0 = 40.92 % difference!!!!
India constitute 17% of world population, Cuba constitute .17 % of world population, so if we go by a country's population in deciding the % of EB visas it gets...
(17.0/100.0) * 140000.0 = 23,800 EB visas ?
(0.17/100.0) * 140000.0 = 238 EB visas ?
Soon, USA will be Chindia!
I am not arguing that we should follow the above formula either, just like how India and Cuba both have 7% limit, which does not make sense, the above math also does not make sense....
My argument is 7% per country limit for all countries, for a small country with 1 Million population and a big country with 1 B population does not make sense.
So, two issues need to dealt with for long term solution.
1. 140k EB visas to be increased to 300k
2. 7% per country needs to be changed (not sure what should be the criteria)
see a detailed notes on INA 202 here...
http://boards.immigrationportal.com/showthread.php?t=240387
(search for gclong1)
I am trying to understand why the 7% was set ? When the law was signed. Things have drastically changed, more skilled people are coming to US from India, shouldn't the law be changed ? I think we should start pushing for more employment based visas, double it to 300k. The 7% formula has to be revisited.
Is 7% per country is fair ?
------------------------
Legal Immigrant Source Source:
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table03d.xls
(More reports here...(http://www.dhs.gov/ximgtn/statistics/publications/LPR06.shtm)
Population Source:
http://en.wikipedia.org/wiki/List_of_countries_by_population
Cuba: ( BTW, Cuba is just taken as a example just to explain the math)
Total Population = 11,000,000 (11 Million)
Total Population Percent = 0.17 %
Legal Immigrants from Cuba to USA in 2006 = 45,614
Percent of Legal Immigrants from Cuba to USA compared with their population in 2006 = 0.4146 %
[(45614.0/11000000.0)*100.0 = 0.4146]
India:
Total Population = 1,131,264,000 (1.1 Billion)
Total Population Percent = 17 %
Legal Immigrants from India to USA in 2006= 61,369
Percent of Legal Immigrants from India to USA compared with their population in 2006 = 0.0054
[(61369.0/1131264000)*100.0 = 0.0054]
Cuba has a 0.4146 Legal Immigrants in US per 100 of their population
India has 0.0054 Legal Immigrants in US per 100 of their population
What is the difference in percent ?
(0.4146 - 0.0054)*100.0 = 40.92 % difference!!!!
India constitute 17% of world population, Cuba constitute .17 % of world population, so if we go by a country's population in deciding the % of EB visas it gets...
(17.0/100.0) * 140000.0 = 23,800 EB visas ?
(0.17/100.0) * 140000.0 = 238 EB visas ?
Soon, USA will be Chindia!
I am not arguing that we should follow the above formula either, just like how India and Cuba both have 7% limit, which does not make sense, the above math also does not make sense....
My argument is 7% per country limit for all countries, for a small country with 1 Million population and a big country with 1 B population does not make sense.
So, two issues need to dealt with for long term solution.
1. 140k EB visas to be increased to 300k
2. 7% per country needs to be changed (not sure what should be the criteria)
more...
coolmanasip
07-19 09:58 AM
By "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863
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priya82
02-17 09:06 PM
Thanks a lot snathan.
emploer A is still holding my H1b, they did not revoke it.
employer A(American Company) has offered me a job and asked me to start from Monday(02/23) but employer B(Indian Company) has applied for
H1b transfer.
The only thing I am worried, if there is another layoff with employer A before H1B transfer with employer B. In that situation can I join employer B and maintain my status.
please help me.
emploer A is still holding my H1b, they did not revoke it.
employer A(American Company) has offered me a job and asked me to start from Monday(02/23) but employer B(Indian Company) has applied for
H1b transfer.
The only thing I am worried, if there is another layoff with employer A before H1B transfer with employer B. In that situation can I join employer B and maintain my status.
please help me.
more...
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pmpforgc
04-08 12:09 AM
since it might be easy to pass PACE Act. We can try to attach all this amendments included in SJC/Frist bill along with Brownback amendment to be included for high skill legal immigration reform in the PACE act. PACE Act already has some immigration provisions which can be modified to included these amendements. It has big support from both sides and we are not attached to undocumented or agricultural workers there, so may not be that much oppostion except in house.
This is some thing to think about in this recess.
This is some thing to think about in this recess.
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trump_gc
08-12 06:19 AM
What if no birth certificate was available and we had submitted a non-availability certificate...will that lead into a RFE?
more...
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MArch172008
07-02 12:34 PM
My wife name in not mentioned while applying I140 , how does it imact?
Can i add her while applying I485
Can i add her while applying I485
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vphope
04-04 12:22 PM
Is attorney not in the loop?
Why didnt he get any info?
Are we supposed to be monitoring all these...:mad:
Why didnt he get any info?
Are we supposed to be monitoring all these...:mad:
more...
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viva
01-13 12:47 PM
you are a selfish person. you do not care about the rest of the iv community.
these provisions are suited for your own benefit. please do not distract the forum with ideas suited to benefit you. let's stick behind the iv strategy.
these provisions are suited for your own benefit. please do not distract the forum with ideas suited to benefit you. let's stick behind the iv strategy.
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yagw
12-10 03:01 PM
The dot system if used properly is a good system as other community members can privately control the reputation of each other. Community can also identify posters who are mischief makers by giving them reds and identifying them publicly. This reduces the need for moderators significantly as moderators cannot read every post and every thread everyday. Pls suggest better ways in which we should handle reputation system.
Pappu,
This reasoning may not apply here. Lets see, what is the positive effect of "other community members controlling reputation of each other"? We are not ignoring some one's post just because he got lot of red dots. Like wise, we don't value some one's post because he got more green dots. Do we? AFAI see here, we value the post based on its content.
Also, I am not sure how this reputation system helps moderators. From seeing the posts here, the members always alerts the admin to delete some offensive posts and not the reputation points.
So the better option is, remove this reputation system and let the users call out for admins to delete posts, if it is offensive. That way, the moderators/admins don't have to read all the posts.
Or at least remove the anonymous nature of the reputation system.
I personally think, this anonymous nature of affecting some one else' reputation brings the worst out of our human nature. I have got some red dots a while back with comments like "don't answer trivial questions." I know who that person is and I am pretty sure the real intention is different.
Even though it didn't put me off from visiting IV, things like this definitely makes it not a welcoming place.
YAGW.
Pappu,
This reasoning may not apply here. Lets see, what is the positive effect of "other community members controlling reputation of each other"? We are not ignoring some one's post just because he got lot of red dots. Like wise, we don't value some one's post because he got more green dots. Do we? AFAI see here, we value the post based on its content.
Also, I am not sure how this reputation system helps moderators. From seeing the posts here, the members always alerts the admin to delete some offensive posts and not the reputation points.
So the better option is, remove this reputation system and let the users call out for admins to delete posts, if it is offensive. That way, the moderators/admins don't have to read all the posts.
Or at least remove the anonymous nature of the reputation system.
I personally think, this anonymous nature of affecting some one else' reputation brings the worst out of our human nature. I have got some red dots a while back with comments like "don't answer trivial questions." I know who that person is and I am pretty sure the real intention is different.
Even though it didn't put me off from visiting IV, things like this definitely makes it not a welcoming place.
YAGW.
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ajay
04-21 10:58 AM
My wife had gone to DMV in fair oaks mall and they had asked her to produce the original I485 and unfortunately we don't carry it. Our license is going to expire next month.
Anybody know what we can do in this situation. Has anybody got a licence recently from VA state.
thanks
Anybody know what we can do in this situation. Has anybody got a licence recently from VA state.
thanks
sundevil
06-08 11:59 AM
Some Indian Americans with GC and Citizenships are not sympathetic to our cause. They would rather this thing get worse. I have a neighbor who thinks we already have our GC(for various reasons we did not tell them about our plight). I heard him rant about how happy he was that they did not include any thing good for backlogged people in the new bill and how great it would be in the Merit system when there will be no spill overs to India to reduce backlogs and get rid of all the "idiots"(his words) coming over these days from India. It is utterly deplorable, I don't plan to socialize with these selfish people anymore. I hope this is an aberration and not a general opinion of our fellow immigrants.
Indian-American have never supported anything, especially if it's related to immigration. Because, for them once they get their GC or Citizenship they are done! They don't support anyone or stand for anything, it's just the way things are with us.
Indian-American have never supported anything, especially if it's related to immigration. Because, for them once they get their GC or Citizenship they are done! They don't support anyone or stand for anything, it's just the way things are with us.
deepikak
03-25 04:50 PM
I have voted for all the questions posted on legal immigration which speaks about our issues.
Please do participate , this is a golden chance to get our voice heard.
I have also posted a question about the same , you can also vote for this question.
Legal immigrants pay more taxes with no benefits ,waiting for GC for more than 10 +yrs ,aspiring to own a home with their savings but cant buy as they cant get GC .do something like visa recapture, allow us to file for AOS irespective of their PD."
Indian, atlanta,ga:)
Please do participate , this is a golden chance to get our voice heard.
I have also posted a question about the same , you can also vote for this question.
Legal immigrants pay more taxes with no benefits ,waiting for GC for more than 10 +yrs ,aspiring to own a home with their savings but cant buy as they cant get GC .do something like visa recapture, allow us to file for AOS irespective of their PD."
Indian, atlanta,ga:)
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