saurav_4096
03-27 10:15 PM
For my recent H1B extention for 7th year extention, I have come across strange situation.
My old H1B was valid till 5th Feb 2007. Extention was applied in Jan 2007 with approved I-140. Recently I have received approved H1B extention with new I-94, but it states validity is from 22 March 2007 to 5th Feb 2010.
I thought the extention should have been from 6th Feb 2007 to 5th Feb 2010.
what should be infered from above ? Does it mean that I was out of ststus fron 6th Feb 2007 till 21st March 2007.
I would appereciate any input on this.
If this makes me out of status , is there a way to fix this by contacting USCIS again ?
Thanks
Saurav
My old H1B was valid till 5th Feb 2007. Extention was applied in Jan 2007 with approved I-140. Recently I have received approved H1B extention with new I-94, but it states validity is from 22 March 2007 to 5th Feb 2010.
I thought the extention should have been from 6th Feb 2007 to 5th Feb 2010.
what should be infered from above ? Does it mean that I was out of ststus fron 6th Feb 2007 till 21st March 2007.
I would appereciate any input on this.
If this makes me out of status , is there a way to fix this by contacting USCIS again ?
Thanks
Saurav
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billu
08-24 07:27 AM
it used to be that h4 visa period was counted as part of 6 years of h1b but not any more. But that is not a significant reason to stay on h4 visa.
rorypirrie
03-19 02:15 AM
Hi everyone, If you have a H1B visa in your passport valid until Sep. 30 of 2009, but had quit from your old job in Nov. 2008 and are currently out of USA. Is it still possible to transfer your H1B to another employer and return back to USA on the old visa?
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sabudanawada
03-07 12:32 PM
bump
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cheg
08-20 10:00 PM
you'll see your private message (PM) on the top right side of your screen. Just click on that. :)
GCOrNoGC - what do u mean by PM's..? I have not recd. anything from u.!
GCOrNoGC - what do u mean by PM's..? I have not recd. anything from u.!
rajuram
04-05 06:42 PM
Yes it is correct link, many of us are headed this way....
This is not a correct official link.
This is not a correct official link.
more...
eb3India
11-30 11:44 AM
Hi,
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I am new to Indiana, letz join here to discuss and promote IV in Indiana area, I am currently in Indianapolis, please post if you are in Indiana state and interested in IV
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Blog Feeds
08-08 09:40 AM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgm_wuxNi4lE0mHLdSYUdibQdA2Zbr6m6no0bveKYQvj4BkgWfNNGu2RFFkEt5INma5whxh7lG5qbsgG9U7eUQHb0nMpmBX3SNhw4x5Bze_l6MHen9-CXt1zaYvmHMjjEB9_UBPuHQnECo/s320/investigator+image.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgm_wuxNi4lE0mHLdSYUdibQdA2Zbr6m6no0bveKYQvj4BkgWfNNGu2RFFkEt5INma5whxh7lG5qbsgG9U7eUQHb0nMpmBX3SNhw4x5Bze_l6MHen9-CXt1zaYvmHMjjEB9_UBPuHQnECo/s1600-h/investigator+image.jpg)
As many of our members know, the USCIS is like a Jekyll and Hyde creation. With one face, USCIS happily grants benefits, issues approvals, and welcomes people as citizens. With the other face UCSIS distrusts everyone, believes there is a lie on every application, and looks for ways to disqualify clearly qualified applicants. As you all know, this is not an exaggeration. It is true of an agency still steeped in the "Culture of No."
Many of you remember the Religious Worker "Benefit Fraud Assessment Teams" that went out to make sure that the Catholic Church was actually still in business. The ability of the USCIS to conduct effective program reviews, rather than just sticking with its core strength of adjudications is rather dubious, to say the least. Recently AILA shared some information about a "new" benefit fraud assessment program in which USCIS is beginning to use the millions of dollars it has received over the last decade from the "fraud fee" in the H-1B program. This new program involves the hiring of a private contractor to send "investigators" out to conduct 25,0000 site visits to H-1B employers to verify if the H-1B employee is working at the employer and performing the work as outlined in the H-1B petition. Yesterday, a client of mine received such a visit, and thanks to a terrific Human Resources Professional, we have a brief report of the scope of this style of fraud "investigation:"
The investigator came back yesterday. Her name was ______________. She indicated that she was a contractor hired to conduct these investigations (this is similar to the investigators that conduct the background investigations for government clearances). She had a badge with a picture.
She first met with me (HR REP). She asked me some very basic questions about the company, what we did, how many employees we had, work hours, office locations, etc. She also asked me how many employees we had on H1Bs, how many we had sponsored for permanent residency and how many total of our employees are legal permanent residents. It was hard to answer these off the top of my head. She said approximate numbers were ok even after I offered to get an employee list that I could look at to get her the exact numbers. She then asked me a couple of questions about the H-1B employee � what he did, his salary, work hours and start date. She asked me for ID so she could verify that I was who I said I was and she asked to see a W-2 or pay stub. I didn�t have either so I showed her the payroll register from our last payroll which satisfied her requirement. She then met with the foreign national employee for a couple of minutes. He said that she asked him about his job duties, work hours and salary. She also checked his ID. She asked me for a quick tour around our offices and left.
It was a pretty quick process. None of her questions were hard to answer � hopefully we passed. She was very nice and professional. I did apologize to her that I missed her when she came over the first time and she said that they want their visits to be �surprise� visits so unfortunately this is a problem they have to deal with.
The foreign national employee did tell me that he asked her if he was selected randomly and she indicated that he wasn�t � I guess they are going to be doing this for everyone.
You can see from this brief report that we as attorneys have yet another issue with which to deal. Now we must advise our clients of these waste of time investigations not targeted to find those employers or employees abusing the H-1B program, but rather designed to throw as much enforcement as the government cannot afford at a problem that does not exist in order to justify jobs and and the expense of a program that should be more effectively and efficiently run. Just what we need in the middle of an economic downturn, more government regulators! Where is John Galt when you need him?
What makes the expenditures of these funds in such a random way even more outrageous is the recent report noting that the number of affirmative filings to USCIS has decreased by almost 50% (http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-meltdown-green-cards,1,2640213.story) year over year at the USCIS. Because USCIS's budget is entirely dependent on fees paid by users, the question becomes this: why is USCIS spending money on a program "looking" for problems when they would be better off using their resources to solve the problems they already have as an agency and better manage the extant operations that need to run more effectively.
https://blogger.googleusercontent.com/tracker/186823568153827945-7219682141896598992?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/08/uscis-h-1b-investigations-run-amok.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgm_wuxNi4lE0mHLdSYUdibQdA2Zbr6m6no0bveKYQvj4BkgWfNNGu2RFFkEt5INma5whxh7lG5qbsgG9U7eUQHb0nMpmBX3SNhw4x5Bze_l6MHen9-CXt1zaYvmHMjjEB9_UBPuHQnECo/s320/investigator+image.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgm_wuxNi4lE0mHLdSYUdibQdA2Zbr6m6no0bveKYQvj4BkgWfNNGu2RFFkEt5INma5whxh7lG5qbsgG9U7eUQHb0nMpmBX3SNhw4x5Bze_l6MHen9-CXt1zaYvmHMjjEB9_UBPuHQnECo/s1600-h/investigator+image.jpg)
As many of our members know, the USCIS is like a Jekyll and Hyde creation. With one face, USCIS happily grants benefits, issues approvals, and welcomes people as citizens. With the other face UCSIS distrusts everyone, believes there is a lie on every application, and looks for ways to disqualify clearly qualified applicants. As you all know, this is not an exaggeration. It is true of an agency still steeped in the "Culture of No."
Many of you remember the Religious Worker "Benefit Fraud Assessment Teams" that went out to make sure that the Catholic Church was actually still in business. The ability of the USCIS to conduct effective program reviews, rather than just sticking with its core strength of adjudications is rather dubious, to say the least. Recently AILA shared some information about a "new" benefit fraud assessment program in which USCIS is beginning to use the millions of dollars it has received over the last decade from the "fraud fee" in the H-1B program. This new program involves the hiring of a private contractor to send "investigators" out to conduct 25,0000 site visits to H-1B employers to verify if the H-1B employee is working at the employer and performing the work as outlined in the H-1B petition. Yesterday, a client of mine received such a visit, and thanks to a terrific Human Resources Professional, we have a brief report of the scope of this style of fraud "investigation:"
The investigator came back yesterday. Her name was ______________. She indicated that she was a contractor hired to conduct these investigations (this is similar to the investigators that conduct the background investigations for government clearances). She had a badge with a picture.
She first met with me (HR REP). She asked me some very basic questions about the company, what we did, how many employees we had, work hours, office locations, etc. She also asked me how many employees we had on H1Bs, how many we had sponsored for permanent residency and how many total of our employees are legal permanent residents. It was hard to answer these off the top of my head. She said approximate numbers were ok even after I offered to get an employee list that I could look at to get her the exact numbers. She then asked me a couple of questions about the H-1B employee � what he did, his salary, work hours and start date. She asked me for ID so she could verify that I was who I said I was and she asked to see a W-2 or pay stub. I didn�t have either so I showed her the payroll register from our last payroll which satisfied her requirement. She then met with the foreign national employee for a couple of minutes. He said that she asked him about his job duties, work hours and salary. She also checked his ID. She asked me for a quick tour around our offices and left.
It was a pretty quick process. None of her questions were hard to answer � hopefully we passed. She was very nice and professional. I did apologize to her that I missed her when she came over the first time and she said that they want their visits to be �surprise� visits so unfortunately this is a problem they have to deal with.
The foreign national employee did tell me that he asked her if he was selected randomly and she indicated that he wasn�t � I guess they are going to be doing this for everyone.
You can see from this brief report that we as attorneys have yet another issue with which to deal. Now we must advise our clients of these waste of time investigations not targeted to find those employers or employees abusing the H-1B program, but rather designed to throw as much enforcement as the government cannot afford at a problem that does not exist in order to justify jobs and and the expense of a program that should be more effectively and efficiently run. Just what we need in the middle of an economic downturn, more government regulators! Where is John Galt when you need him?
What makes the expenditures of these funds in such a random way even more outrageous is the recent report noting that the number of affirmative filings to USCIS has decreased by almost 50% (http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-meltdown-green-cards,1,2640213.story) year over year at the USCIS. Because USCIS's budget is entirely dependent on fees paid by users, the question becomes this: why is USCIS spending money on a program "looking" for problems when they would be better off using their resources to solve the problems they already have as an agency and better manage the extant operations that need to run more effectively.
https://blogger.googleusercontent.com/tracker/186823568153827945-7219682141896598992?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/08/uscis-h-1b-investigations-run-amok.html)
more...
mambarg
09-20 05:38 PM
The best thing for them to do or what they should have done is after 140 approval, they should accept 485 and process and keep it ready for date to become current. When current , they should mail the GC that month.
I dont understand the reason of why they want to accept when current only ?
If they do not accept 485, we do H1 renewal, if they do accept 485, we do EAD renewal. But EAD renewal is easier and involves only employee and gives enough freedom. H1 does not.
So All H1 holders till July 2007 , will no longer renew H1's ?
I dont understand the reason of why they want to accept when current only ?
If they do not accept 485, we do H1 renewal, if they do accept 485, we do EAD renewal. But EAD renewal is easier and involves only employee and gives enough freedom. H1 does not.
So All H1 holders till July 2007 , will no longer renew H1's ?
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josecuervo
08-12 10:21 PM
To celebrate the success :D
Success of ???
Success of ???
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gc28262
04-07 06:23 PM
I'm in my 9th year of H1B which is going to expire in about six months. My employer is suggesting to extend H1B and not use or extend EAD. Based on your experience and knowledge please post your advise. If a post like this already exists, please point me to that. I could not find one easily. Thanks a lot.
Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)
Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)
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gconmymind
08-19 03:11 PM
I will be in similar position if I get RFE for this. I guess all you can do is provide what you have and an explanation. Hopefully it should not be that big of an issue.
more...
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casinoroyale
08-22 09:42 AM
I know that it is possible to apply for H1-B visa and enter after using EAD. But, I am little dubious about using old visa after using EAD, but it should not make much of a difference I think.
In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.
By the way, this is the only way one can re-instate their H1-B status after using EAD.
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.
By the way, this is the only way one can re-instate their H1-B status after using EAD.
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
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shana04
02-12 04:07 PM
if I-485 is denied, you are out of status and must leave the country immediately.
In case one is using EAD and 485 rejected for some reason. you have 180 days to safe guard one self.
please check other threads for detailed responses.
Good luck
In case one is using EAD and 485 rejected for some reason. you have 180 days to safe guard one self.
please check other threads for detailed responses.
Good luck
more...
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waitnwatch
06-04 03:15 PM
As an F1 student you can surely apply for EB2-NIW. Being from India you will not be able to file an I-485 concurrently as EB2 priority dates are not current. On the other hand you may file for EB1-A and I-485 concurrently. Getting approval under any of these categories is not trivial though as there are a lot of things to prove to the USCIS's satisfaction.
One thing to note is that you may have trouble renewing an F1 visa from a consulate in India if you have a permanent residence petition pending. This is because an F1 visa is a non-immigrant visa with an intent to return to home country on completion of study. Filing for permanent residence will show that you are a potential immigrant and so donot fulfil the terms and condition for an F1 visa and will be a reason for denial.
Hope this help .........I'm not a lawyer though.
One thing to note is that you may have trouble renewing an F1 visa from a consulate in India if you have a permanent residence petition pending. This is because an F1 visa is a non-immigrant visa with an intent to return to home country on completion of study. Filing for permanent residence will show that you are a potential immigrant and so donot fulfil the terms and condition for an F1 visa and will be a reason for denial.
Hope this help .........I'm not a lawyer though.
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cessua
09-11 07:00 PM
Were you really expecting that any bills were going to pass? In the politics world it is all about compromise, no one will vote for anything tht can risk their image before the election. Let's put it this way... you are a law maker... what to would you care about? immigrants or yourself?
more...
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EB3_SEP04
06-30 10:35 AM
I have a question regarding where to file my EAD renewal application. I am a July filer NJ resident and my I-485/EAD/AP were sent to Nebraska and got the AP/EAD approved through Nebraska going by my LIN no. As per the (C)(9) rules it says NJ residents should file to Texas service center and somewhere else I read that my EAD renewal application should be sent to the location where my I-485 is getting processed.
Please share your experiences.
Thanks
I sent you a private message with my ph number.
Please share your experiences.
Thanks
I sent you a private message with my ph number.
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paskal
12-14 12:45 AM
for those that have not visited the MN thread under the separate forum for chapters, here is the link:
http://immigrationvoice.org/forum/showthread.php?p=37195#post37195
http://immigrationvoice.org/forum/showthread.php?p=37195#post37195
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chumki
12-18 02:21 PM
gcwait2007 ,
I was told that filing AC-21 memo to CIS is NOT mandatory under law.
why do I "have to " to file it?
one concern i have is that I joined the current company BEFORE 180 days (just 14 days before) as I got laid off from my pevious employer and the previous employer will NOT revoke the I-140
If I file AC-21 now, Will not USCIS find out that I joined before 180 days and find out I was laid off and cause unnecessary complications with RFE etc?
Please advise your thoughts
I was told that filing AC-21 memo to CIS is NOT mandatory under law.
why do I "have to " to file it?
one concern i have is that I joined the current company BEFORE 180 days (just 14 days before) as I got laid off from my pevious employer and the previous employer will NOT revoke the I-140
If I file AC-21 now, Will not USCIS find out that I joined before 180 days and find out I was laid off and cause unnecessary complications with RFE etc?
Please advise your thoughts
InTheMoment
07-22 06:38 PM
bluez25,
Dates moving back is a once in 10 year event (not a guess but actual stats).
The July fiasco type thing happening again is almost nil !
Give that interview and get the immigrant visa.. You are all set.
Tinku,
How can you be so sure that I should be ok even when the dates move back? any links for me to read on information...
Dates moving back is a once in 10 year event (not a guess but actual stats).
The July fiasco type thing happening again is almost nil !
Give that interview and get the immigrant visa.. You are all set.
Tinku,
How can you be so sure that I should be ok even when the dates move back? any links for me to read on information...
abc
09-07 06:51 PM
Put the year also to get an idea.
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