a_yaja
01-16 09:27 AM
Hi,
I got laid off in dec-08, my H1B visa got extended till 2011, but stamp in passport was expired sept-30th. I got my W2 good for last year and have got pay stubs till dec month. Now i am in need of visiting India, I have to get my stamp renewed in India.
As I am on job at present, I can not produce any client letter at consulate in case if they ask.
Will there be any issues which I may come across, please help me if you have any experiences.
thanks in advance.
Niru
It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.
I got laid off in dec-08, my H1B visa got extended till 2011, but stamp in passport was expired sept-30th. I got my W2 good for last year and have got pay stubs till dec month. Now i am in need of visiting India, I have to get my stamp renewed in India.
As I am on job at present, I can not produce any client letter at consulate in case if they ask.
Will there be any issues which I may come across, please help me if you have any experiences.
thanks in advance.
Niru
It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.
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jamesbond007
11-01 08:42 AM
The government published pay that an LCA is evaluated against is usually lesser than the actual pay for that type of job in a region.
If your LCA was filed with a salary that is right on the number, you would be in trouble.
If there is wiggle room, you ought to be OK as long as the new salary is still more than the published LCA.
We are all used to getting raises and bonuses at the end of the year.
But these are very bad times; some cuts at this time are a harsh reality for businesses. But I think it is better for everyone in the company to take a small $ pay cut if it saves others within the company their job.
If your employer is only cutting your salary, that is a bad situation to be in. You should try and get out of there ASAP.
But if it is across the board, more than likely they will restore as soon as things get better.
If your LCA was filed with a salary that is right on the number, you would be in trouble.
If there is wiggle room, you ought to be OK as long as the new salary is still more than the published LCA.
We are all used to getting raises and bonuses at the end of the year.
But these are very bad times; some cuts at this time are a harsh reality for businesses. But I think it is better for everyone in the company to take a small $ pay cut if it saves others within the company their job.
If your employer is only cutting your salary, that is a bad situation to be in. You should try and get out of there ASAP.
But if it is across the board, more than likely they will restore as soon as things get better.
vishwak
08-18 08:29 AM
Even some Attorney's and Law firm says you can start working once you FedEx document to USCIS or Receipt of FedEx at USCIS. Its always good to wait until you get Receipt number from USICS which is an official document.
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ags123
08-29 09:33 AM
thanks for your post. Ya its my sister's wedding. I had decided to go until this H1 revocation email came. I has seen some cases on IV a while ago where people got the H1 revocation email and I-485 denied without NOID/RFE. If this happens when I am in India I am screwed.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.
more...
pappusheth
05-08 01:33 AM
i filed for EAD in early April this year. I could check the case status online and see it as "case received and pending". On the last day of April I received my EAD in mail but the status still showed the same.. There was neither soft nor hard LUD. Rather I checked it again today on May 7th and the status is still the same, no soft or hard lud..!
i think there's some disconnect.
i think there's some disconnect.
nashim
07-14 09:53 AM
for Consular Processing case, candidate has to be in out USA or is it ok be in USA and file for Consular Processing?
more...
ameryki
09-21 05:27 PM
Just a quick update for future readers incase they get in to a similar situation as mine. Upon finding out that "transportation letter" might be a possibility my wife approached the United States Embassy in New Delhi (Key here is Embassy) the reason I say that is TL's are issued from Dept of Homeland Security which is always based out of an Embassy outside the US and not consulates. One has the option of applying for this at a consulate but they turn around and send all the informtion to DHS (at the embassy). This just takes too much time. At the embassy it wasn't too much trouble or no convincing needed however just to get the process done and receive the paper work in hand it took a good 4 business days and persistance. Also once you receive a transportation letter it is recommended that you shoot for a non stop flight since the TL's are 2 copies in a sealed envelope (1 for the immigration from your departure destination and the other for your immigration at the port of entry) before issuing a TL the embassy will ask you for your port of entry since the TL is addressed to that port. Lastly they did not charge anything for this but upon reading some other old posts in some forums if you go to a consulate they charge $180 for this. Hope no one has to go through this but if you do above is a debrief of what to expect.
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Anders �stberg
October 6th, 2005, 11:18 AM
That's a great picture Gary!
The price you pay, indeed... my best pictures have come from returning several times to the same spot where I've seen birds before, and spending hours waiting each time. You have to like just being out in nature to do it this way. I can recommend warm clothes and a thermos with something warm to drink. :)
The price you pay, indeed... my best pictures have come from returning several times to the same spot where I've seen birds before, and spending hours waiting each time. You have to like just being out in nature to do it this way. I can recommend warm clothes and a thermos with something warm to drink. :)
more...
cleopatra
02-07 10:24 AM
Thanks for the response.
The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.
So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.
I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.
To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.
So my question remains. How do we get classification as Project manager under EB2 with proper wages?
The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.
So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.
I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.
To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.
So my question remains. How do we get classification as Project manager under EB2 with proper wages?
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TomPlate
12-12 09:26 PM
thanks ram for your message. where did you cut and paste? see if you have any soft LUD?
more...
gc_nebraska
01-09 02:19 PM
msandhu ! what was your port of entry ?
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JunRN
07-16 11:05 PM
I have a friend holding a "Tourist Visa" and still back home. If an employer files I-140 for him, will that give him a risk of not allowed entry using Tourist Visa at the port of entry because he has an I-140 petition?
more...
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gvenkat
10-12 05:54 PM
I will say this time and again. It's a piece of plastic card and until USCIS realises that we are stuck here.
It's beyond belief that they cannot process all applications by labor date filed. That would easily eliminate all the waiting for Eb-3 India
Again Eb-3 India is a minscule amount compared to any category, everyone including Eb-2 India get it in an average 5 years time. Until unless we have some practical solutions from law-makers nothing is going to happen.
If we have EAD and AP I think thats like a temporary GC and we should just enjoy whatever we want to do.Atleast these guys can give us a single document for EAD and AP for maybe 2 years.
It's beyond belief that they cannot process all applications by labor date filed. That would easily eliminate all the waiting for Eb-3 India
Again Eb-3 India is a minscule amount compared to any category, everyone including Eb-2 India get it in an average 5 years time. Until unless we have some practical solutions from law-makers nothing is going to happen.
If we have EAD and AP I think thats like a temporary GC and we should just enjoy whatever we want to do.Atleast these guys can give us a single document for EAD and AP for maybe 2 years.
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angelfire76
03-21 09:59 PM
"USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status."
Is "employment by a new employer" H1B transfer? What does "concurrent employment" mean?
Current employees of TARP banks who need to extend their H1B status.
Is "employment by a new employer" H1B transfer? What does "concurrent employment" mean?
Current employees of TARP banks who need to extend their H1B status.
more...
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krishna_brc
02-18 02:45 PM
Should it not be OK to work for an Indian company (work from home - remote office)
as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.
Thanks,
Krishna
as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.
Thanks,
Krishna
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crazyghoda
05-08 10:53 AM
Did they issue your EAD from the time the previous one expired or from the current date. If current date, you'd have lost about 3 months or validity.
Some people I know got EADs from the next day following the expiration of their current EAD. I however got from approval date. Its all so inconsistent.
I got EAD in 2 weeks from filing to receipt of cards in hand.
USCIS has certainly improved a lot.
Some people I know got EADs from the next day following the expiration of their current EAD. I however got from approval date. Its all so inconsistent.
I got EAD in 2 weeks from filing to receipt of cards in hand.
USCIS has certainly improved a lot.
more...
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Ram_C
11-21 12:06 PM
Happy Thanksgiving to IV Family.
-Ram
-Ram
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jasmin45
07-23 08:11 PM
I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
Job requirement change may have negative effect on I-140. Because the 140 is based on approved labor and for labor certification, your company must have advertised the job requirements. Please consult a good lawyer for advise and he will come up with options if possible at all.
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
Job requirement change may have negative effect on I-140. Because the 140 is based on approved labor and for labor certification, your company must have advertised the job requirements. Please consult a good lawyer for advise and he will come up with options if possible at all.
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ags123
09-22 07:38 AM
just FYI, came back via SFO and had no reentry issues.
Waitingnvain
09-07 09:07 AM
Irrelevant
pmpforgc
09-28 10:52 AM
Dear Members
I seek your expert advise on following situation as my lawayer is not much clear on the topic.
I am from India and filed through university my I-140 and I-485 Concurrently on August-22,2006 in EB-2 SCHEDULE A ( Categorey II) EXCEPTIONAL ABILITY which is still current for all countries including India.. I had not seen any activity on My I-140 yet and Now for EB-2 Premiumprocessing is available now.More over Schedule A is likely to retrogess some time in November,2006
In this regards I need your guidance on following points.
(1) Does the possible retrogession in November means they will retrogess from November-2006 onwards? or they may retrogess even before say March-2006 or any previous date.
(2) If they retrogess from say Nov-15 than does it means that since I applied on August-23, My I-485s ( me and my family) will continue to be processed?
(3) In the view of possible retrogession of Schedule A, do you think I should go for Premium processing or not? Does it will help in any way to avoid retrogession of I-485s
(4)Based on past experiences, Does the application for premium processing hurt in any way in terms of final decision ( not the speed but out come approval or denial)?
Your input will greatly help me in deciding about premium processing.
Thanks
I seek your expert advise on following situation as my lawayer is not much clear on the topic.
I am from India and filed through university my I-140 and I-485 Concurrently on August-22,2006 in EB-2 SCHEDULE A ( Categorey II) EXCEPTIONAL ABILITY which is still current for all countries including India.. I had not seen any activity on My I-140 yet and Now for EB-2 Premiumprocessing is available now.More over Schedule A is likely to retrogess some time in November,2006
In this regards I need your guidance on following points.
(1) Does the possible retrogession in November means they will retrogess from November-2006 onwards? or they may retrogess even before say March-2006 or any previous date.
(2) If they retrogess from say Nov-15 than does it means that since I applied on August-23, My I-485s ( me and my family) will continue to be processed?
(3) In the view of possible retrogession of Schedule A, do you think I should go for Premium processing or not? Does it will help in any way to avoid retrogession of I-485s
(4)Based on past experiences, Does the application for premium processing hurt in any way in terms of final decision ( not the speed but out come approval or denial)?
Your input will greatly help me in deciding about premium processing.
Thanks
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