gauravster
12-03 09:25 AM
One more thing that you might look into is the vacations that you hae taken. Generally speaking, if you spend time outside the US, you can exclude that time from the H1B 6 year limit. So if you took an average of 2 week vacation every year, you could get about 12 additional weeks. So your H1B would expire closer to Dec end, instead of 30 Sep.
You might need to provide documentation to prove this though. The additional time might be valuable nevertheless.
You might need to provide documentation to prove this though. The additional time might be valuable nevertheless.
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jonty_11
12-03 02:15 PM
I cannot comment specifically to ur case...but when me n my spouse travelled on AP...going to India - no one looked at AP...we just turned in our I94 to the airline....
I think the relevance of AP is only when you re-enter US, hopefully by that time u already have AP in hand for urself and her.
I think the relevance of AP is only when you re-enter US, hopefully by that time u already have AP in hand for urself and her.
vxg
01-02 09:35 AM
I asked the same question to my attorney as last time my wife was stuck in name check in H-4 stamping. This time she was on H-1 and I asked the attorney that if she goes for H-1 and H-1 get's delayed or denied can she use AP without affecting the GC and his answer was Yes. The AP should have an approval date before she left the country i.e. AP should be approved while she was in US.
Happy New Year!
My new year begins with another immigration issue..need some urgent advice.
My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.
My wife has an Advance Parole document and EAD based on my I-485 application.
Can you suggest options for her?
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
3. Any other options/advice?
Happy New Year!
My new year begins with another immigration issue..need some urgent advice.
My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.
My wife has an Advance Parole document and EAD based on my I-485 application.
Can you suggest options for her?
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
3. Any other options/advice?
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Nil
11-09 11:10 AM
^^^^^
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paskal
04-09 08:38 PM
once you use EAD- for fellowship
you cannot be on an H1 from moonlighting.
if your wife is with a reputable firm, i would imagine the risk is low with an approved 140
i would ask a good attorney though.
you cannot be on an H1 from moonlighting.
if your wife is with a reputable firm, i would imagine the risk is low with an approved 140
i would ask a good attorney though.
badluck
06-22 09:36 AM
TB test should be positive or nigative. does it make any different in immigration
more...
mbartosik
05-30 01:25 PM
I don't know if you can upgrade to premium processing, and I don't know if you are allowed to pay for premium rather than employer. But in your position I would try to do I140 premium processing.
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boldm28
04-19 03:48 PM
I asked this question few days ago but no one responded. I guess nothing is going on. Why do they waste tax payers money by introducing bills and not acting on them.
Y cant you ask the same question in your home country assuming it is India
you wont get any reply not in 100 years
Any way, pack your bags or wait for ten years.
Y cant you ask the same question in your home country assuming it is India
you wont get any reply not in 100 years
Y cant you ask the same question in your home country assuming it is India
you wont get any reply not in 100 years
Any way, pack your bags or wait for ten years.
Y cant you ask the same question in your home country assuming it is India
you wont get any reply not in 100 years
more...
tabletpc
10-15 04:49 PM
I understand this is not a valid thread to be in this forum. In past I have seen similar post(ex: "Is it a good time to buy house in India"), I would not have posted this today.
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unaikax
01-04 07:58 PM
I am going to lodge a complaint with EPFO for PF/Gratuity using the following link
EPFO (http://www.epfindia.nic.in/grievance.htm)
EPFO (http://www.epfindia.nic.in/grievance.htm)
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hopein07
02-09 10:26 AM
http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms
Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.
We must try Gandhian approach of appealing to their innate sense of justice.
Only President bush can do something if somehow he can be convinced.
MIXED OUTCOME, WIN ONE PART, LOSE OTHER PART:
From NDTV : http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070032358&ch=11/9/2007%209:16:00%20PM
Indian doctors on HSMP visas wishing to train or work in Britain won a major court ruling in their favour on Friday.
Judges have decided that employers will now have to treat Indian doctors on par with doctors from Europe.
The court case revolved around a challenge to a health ministry guidance that would have compelled prospective employers such as hospitals to discriminate against non-European candidates, first by establishing that their skills were not found in Europe and then, if selected, to apply for work permits for them.
However, in a unanimous ruling, three judges of the Appeals Court called the ministry guidance ''illegal'', sparking instant celebrations among campaigners of the British Association of Physicians of Indian Origin (BAPIO) on Diwali day.
''This is a great ruling. We are absolutely ecstatic, and feel exuberant,'' BAPIO's Dr Sheethal Mathew said.
''Our doctors from India, Pakistan or Sri Lanka will now be able to compete with European doctors on an equal footing. Employers cannot discriminate against us now,'' he said.
The ruling is expected to immediately benefit some 10-15,000 doctors of South Asian origin, who are living in Britain and have been eagerly awaiting the outcome of the case.
However, the campaigners lost a second challenge - against the British government's abrupt changes to the Highly Skilled Migrant Programme (HSMP) last year. BAPIO challenged the changes on the grounds that their members were not consulted.
But Mathew said BAPIO will not take any further legal action.
''About 5,000 doctors were affected by the changes, and they have left already because they knew they had no choice.''
The British government introduced the HSMP scheme in 2002, offering workers such as accountants, doctors and scientists the right to settle down and work in Britain. Some 49,000 people took up the offer.
But the changes ostensibly to guard against 'abuse' of the system meant that those who had already come in on HSMP visas were faced with sudden restrictions in the job market.
Their employers would have to prove that the qualifications and skills that these candidates possessed were not available among European and British candidates. And if these non-Europeans were hired, the employers would have to apply for work permits.
Anthony Robinson, a solicitor for BAPIO said: ''As is widely acknowledged, the NHS has for many years relied upon the contribution of doctors from overseas, and in particular the Indian sub-continent, in order to provide a quality service in times of shortage of British doctors.
''Now that more British graduates are coming through, the Department of Health is trying to get round the rights of HSMP doctors who have already made Britain their home because it failed to plan ahead,''he added.
The next round of hiring by the state-sector National Health Service (NHS) is expected in January-February, 2008.
Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.
We must try Gandhian approach of appealing to their innate sense of justice.
Only President bush can do something if somehow he can be convinced.
MIXED OUTCOME, WIN ONE PART, LOSE OTHER PART:
From NDTV : http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070032358&ch=11/9/2007%209:16:00%20PM
Indian doctors on HSMP visas wishing to train or work in Britain won a major court ruling in their favour on Friday.
Judges have decided that employers will now have to treat Indian doctors on par with doctors from Europe.
The court case revolved around a challenge to a health ministry guidance that would have compelled prospective employers such as hospitals to discriminate against non-European candidates, first by establishing that their skills were not found in Europe and then, if selected, to apply for work permits for them.
However, in a unanimous ruling, three judges of the Appeals Court called the ministry guidance ''illegal'', sparking instant celebrations among campaigners of the British Association of Physicians of Indian Origin (BAPIO) on Diwali day.
''This is a great ruling. We are absolutely ecstatic, and feel exuberant,'' BAPIO's Dr Sheethal Mathew said.
''Our doctors from India, Pakistan or Sri Lanka will now be able to compete with European doctors on an equal footing. Employers cannot discriminate against us now,'' he said.
The ruling is expected to immediately benefit some 10-15,000 doctors of South Asian origin, who are living in Britain and have been eagerly awaiting the outcome of the case.
However, the campaigners lost a second challenge - against the British government's abrupt changes to the Highly Skilled Migrant Programme (HSMP) last year. BAPIO challenged the changes on the grounds that their members were not consulted.
But Mathew said BAPIO will not take any further legal action.
''About 5,000 doctors were affected by the changes, and they have left already because they knew they had no choice.''
The British government introduced the HSMP scheme in 2002, offering workers such as accountants, doctors and scientists the right to settle down and work in Britain. Some 49,000 people took up the offer.
But the changes ostensibly to guard against 'abuse' of the system meant that those who had already come in on HSMP visas were faced with sudden restrictions in the job market.
Their employers would have to prove that the qualifications and skills that these candidates possessed were not available among European and British candidates. And if these non-Europeans were hired, the employers would have to apply for work permits.
Anthony Robinson, a solicitor for BAPIO said: ''As is widely acknowledged, the NHS has for many years relied upon the contribution of doctors from overseas, and in particular the Indian sub-continent, in order to provide a quality service in times of shortage of British doctors.
''Now that more British graduates are coming through, the Department of Health is trying to get round the rights of HSMP doctors who have already made Britain their home because it failed to plan ahead,''he added.
The next round of hiring by the state-sector National Health Service (NHS) is expected in January-February, 2008.
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eb3retro
04-17 04:44 PM
I didnt sign this petition.
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Ann Ruben
05-13 03:41 PM
two months is a reasonable estimate---but you could request premium processing and pay an extra $1000 filing fee for a decision within 15 days.
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jonty_11
01-15 12:07 PM
Problem is it will be another $500 expense (Test plus air Tickets) as the test center is not in my state/city.
I do have a Masters from US and 6 plus years expirience in US.
I had written a detailed letter explaining all that....I am going to try to take it withing 120 days as stipulated in the letter...
I do have a Masters from US and 6 plus years expirience in US.
I had written a detailed letter explaining all that....I am going to try to take it withing 120 days as stipulated in the letter...
more...
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santa123
08-15 07:21 AM
Welcome back vdlrao...
what does the SEP VB indicate to you?
you had predicted that there will be a mild retro and does the fwd movement indicate better days ahead?
We IVians look fwd to your analysis and insight. Thanks!
what does the SEP VB indicate to you?
you had predicted that there will be a mild retro and does the fwd movement indicate better days ahead?
We IVians look fwd to your analysis and insight. Thanks!
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gee_see
10-19 10:08 AM
My question is can the salary go down ? and what are the risks?. I think salary increase is not an issue. What about salary decrease?
Thanks
Thanks
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ajju
10-13 05:57 PM
But ksircar, instead of accepting can't we raise red flags to USCIS?
This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.
It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?
agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...
But then my dear.. where's the money...
Gov: Show me the money?
USCIS: let sdo 1 year EAD/AP renewal... and we can sit for 90 days on it for generating this much money... and find cheapest ways of printing the card and mailing... If errors happen we might get more money :-)
Gov: why are you not moving dates and making more money?
USCIS: Okay we'll issue 2year EAD and accept more new apps...
and so on...
This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.
It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?
agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...
But then my dear.. where's the money...
Gov: Show me the money?
USCIS: let sdo 1 year EAD/AP renewal... and we can sit for 90 days on it for generating this much money... and find cheapest ways of printing the card and mailing... If errors happen we might get more money :-)
Gov: why are you not moving dates and making more money?
USCIS: Okay we'll issue 2year EAD and accept more new apps...
and so on...
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mwin
11-21 10:56 AM
Also, when applying for AP (form I-131), you have choose, if the AP is for one trip or multiple trips. Most lawyers choose multiple.
How do you know AP is approved for multiple entries?
I thought AP in general is for multiple entries.
Is there a way to tell from your approval notice it your AP was approved for multiple times?
Thank you.
How do you know AP is approved for multiple entries?
I thought AP in general is for multiple entries.
Is there a way to tell from your approval notice it your AP was approved for multiple times?
Thank you.
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h1bemployee
02-26 05:14 PM
wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .
What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .
I know every one wants to help others in our community but think twice before replying
I am not posting this for timepass.... This is a real problem....
My employer gave me Mar 12th as deadline.....
wandmaker... I am really sorry ...
here are the details:
when my employer got the RFE.. he asked me to send the following documents
# Previous company experience letters(from INdia)
#All Education certificates
# letter from the End client
# current resume
# w2 form
and he asked me to notarize all these documents. I sent all the requested documents except the end client letter, because my client said that its not their company policy to provide these type of letters.
There are two sub vendors between my client and employer. So I got a letter from one of the subvendor(he is in CA) that I am working in this company through them. In the letter he mentioned other sub vendor name also.
after sending these docs to USCIS ... My employer came back to me saying that he need more detailed documents.
# USCIS is doubting that I am working in CA not in NJ as the subvendor is from CA . But we provided the documents saying that I am working in NJ and I have filed my taxes from NJ only. I have my driving license from NJ.
# My employer filed H1b Amendment (filed in Aug 2007) saying that I work as a computer support specialist(eventhough I am working as a Systems Engineer) to support the salary pay. USCIS is saying that its not a H1B level job.
If I can tranafer my H1b to the main vendor , I will get a good pay and They can say I am working as Systems engineer which is h1b level job.
Can I transfer my H1 in this situation?. Please help.
What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .
I know every one wants to help others in our community but think twice before replying
I am not posting this for timepass.... This is a real problem....
My employer gave me Mar 12th as deadline.....
wandmaker... I am really sorry ...
here are the details:
when my employer got the RFE.. he asked me to send the following documents
# Previous company experience letters(from INdia)
#All Education certificates
# letter from the End client
# current resume
# w2 form
and he asked me to notarize all these documents. I sent all the requested documents except the end client letter, because my client said that its not their company policy to provide these type of letters.
There are two sub vendors between my client and employer. So I got a letter from one of the subvendor(he is in CA) that I am working in this company through them. In the letter he mentioned other sub vendor name also.
after sending these docs to USCIS ... My employer came back to me saying that he need more detailed documents.
# USCIS is doubting that I am working in CA not in NJ as the subvendor is from CA . But we provided the documents saying that I am working in NJ and I have filed my taxes from NJ only. I have my driving license from NJ.
# My employer filed H1b Amendment (filed in Aug 2007) saying that I work as a computer support specialist(eventhough I am working as a Systems Engineer) to support the salary pay. USCIS is saying that its not a H1B level job.
If I can tranafer my H1b to the main vendor , I will get a good pay and They can say I am working as Systems engineer which is h1b level job.
Can I transfer my H1 in this situation?. Please help.
xgoogle
11-12 05:44 PM
I received my GC on 08/15/08. PD 03/2006. My spouse did not. The dates have since moved on and it seems until July/Aug 2009 there can be no hope. She has an EAD until 10/2010and is employed on its basis. Does changing my job effect her I-485 application ? Will I still need to file an AC21 ?
godspeed
11-09 04:50 PM
completed the survey
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