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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dearscorpius
11-27 01:00 AM
My situation:
I've been given offers by two companies, A and B.
I am currently under my F1 student visa, OPT status, my OPT started at July 2010.
Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.
Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.
My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.
I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!
I've been given offers by two companies, A and B.
I am currently under my F1 student visa, OPT status, my OPT started at July 2010.
Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.
Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.
My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.
I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!
ssksubash
11-12 03:10 PM
Gurus,
I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.
Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.
Will I have to pay taxes in USA.
Thank you for your time.
I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.
Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.
Will I have to pay taxes in USA.
Thank you for your time.
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for_gc
04-26 02:23 PM
In a bitter irony,MIT Admission dean resigned today after admitting that she had put fake degrees in her resume.
http://www.thebostonchannel.com/education/13199999/detail.html
Contrast this with H1-B Visa applicants.If some one on H1-B visa were to change jobs, they need to furnish following documents
1.W-2 for last year
2. Two latest paystubs
3. Copies of all educational degrees held.
In addition,there will be a background check from a professional agency,which will actually call -
-All previous employer mentioned in resume
-Checks with all educational institutes mentioned in resume
-Call up references
-Criminal Check.
Now, whom will you hire next time? A Green Card job applicant just supplies a SSN,and a simple criminal check is run against them.They can fake all the degrees and work experience they want.There is no way to verify last salary held by a citizen/GC applicant. Poor H1-B visa holder can not even fake this simple thing.
What makes you say they can not check your previous salary if you hold GC/Citizenship. This does not seem right.
Actually it depends upon company to company how much background check they do and not on your visa status.
http://www.thebostonchannel.com/education/13199999/detail.html
Contrast this with H1-B Visa applicants.If some one on H1-B visa were to change jobs, they need to furnish following documents
1.W-2 for last year
2. Two latest paystubs
3. Copies of all educational degrees held.
In addition,there will be a background check from a professional agency,which will actually call -
-All previous employer mentioned in resume
-Checks with all educational institutes mentioned in resume
-Call up references
-Criminal Check.
Now, whom will you hire next time? A Green Card job applicant just supplies a SSN,and a simple criminal check is run against them.They can fake all the degrees and work experience they want.There is no way to verify last salary held by a citizen/GC applicant. Poor H1-B visa holder can not even fake this simple thing.
What makes you say they can not check your previous salary if you hold GC/Citizenship. This does not seem right.
Actually it depends upon company to company how much background check they do and not on your visa status.
more...
helpmeExperts
02-14 04:36 PM
If you don't have a job on H1-B then you are not in legal status within this country. This may come back to haunt you during future 485 processing and approval. That's where an EAD is good in that it allows you to remain in legal status even when you don't have a job for a certain period of time.
ok got it. so its better to jump on EAD whenver you feel the fear of being jobless for a long time. that way no problem if jobless for certain time.
only con is if something wrong happens to 485, we are screwed!!
one more question very complicated -
if i jump to EAD, what would be my wife status?? i already filed 485 & planning to marry next year & bring spouse on h4.
i dont see EB2 my PD becoming current for next 2-3 years
any inputs are appreciated??
ok got it. so its better to jump on EAD whenver you feel the fear of being jobless for a long time. that way no problem if jobless for certain time.
only con is if something wrong happens to 485, we are screwed!!
one more question very complicated -
if i jump to EAD, what would be my wife status?? i already filed 485 & planning to marry next year & bring spouse on h4.
i dont see EB2 my PD becoming current for next 2-3 years
any inputs are appreciated??
eers
07-09 11:24 PM
i think this was kind of last minut call.. so lot of DC area people may not have known about the plan to be presnet there..
wish i could help.. but i m not in dc area ... is it possible to send an ADMIN email to every one? ..
wish i could help.. but i m not in dc area ... is it possible to send an ADMIN email to every one? ..
more...
Ann Ruben
01-20 11:17 AM
Abhay,
The USCIS online case status system has never been 100% accurate. New data is "dumped" into the system on a nightly basis, and sometimes there is a technical glitch that randomly prevents some data from being transferred. USCIS claims that it is impossible to correct this problem and update case status info. in individual cases. So, it is unlikely that you will be able to get the online status changed.
However, what you can and should do is to get written confirmation from USCIS that your RFE response was timely filed. If your lawyer is a member of AILA, he can use the AILA/TSC liaison process to obtain this written confirmation from USCIS. If your lawyer cannot or will not do this, you should consider finding another immigration lawyer. Remember that the I-485 is your application, and not your employer's. You are entitled to legal representation of your choice.
Ann
The USCIS online case status system has never been 100% accurate. New data is "dumped" into the system on a nightly basis, and sometimes there is a technical glitch that randomly prevents some data from being transferred. USCIS claims that it is impossible to correct this problem and update case status info. in individual cases. So, it is unlikely that you will be able to get the online status changed.
However, what you can and should do is to get written confirmation from USCIS that your RFE response was timely filed. If your lawyer is a member of AILA, he can use the AILA/TSC liaison process to obtain this written confirmation from USCIS. If your lawyer cannot or will not do this, you should consider finding another immigration lawyer. Remember that the I-485 is your application, and not your employer's. You are entitled to legal representation of your choice.
Ann
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karthikgk
10-19 02:40 PM
Check for past updates on the EAD delays thread. IV had contacted USCIS on EAD delays faced by our members.
Some new updates are also posted for donor members only.
Pappu,
Sorry to sound dumb (but I think I am at this point for having applied for my renewal so late) but would you please provide me the link to the EAD renewal thread that you referred? Also, please let me know if there is a seperate link for paid members and I will access that too (my wife's username has a paid membership)
Thanks,
Some new updates are also posted for donor members only.
Pappu,
Sorry to sound dumb (but I think I am at this point for having applied for my renewal so late) but would you please provide me the link to the EAD renewal thread that you referred? Also, please let me know if there is a seperate link for paid members and I will access that too (my wife's username has a paid membership)
Thanks,
more...
pappu
07-12 01:31 PM
Is anyone there to answer my question? Please answer me.
Thanks
Whatheheck
yes you can.
move to the new company and file via perm. when you apply for 485 you can use those old pre-perm 2002 dates.
Thanks
Whatheheck
yes you can.
move to the new company and file via perm. when you apply for 485 you can use those old pre-perm 2002 dates.
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me_myself
03-05 01:03 PM
Yes, i will be working in Indian subsidiary for my current employer.
If i am away for 1 year is there a risk of my h1 getting revoked?
If i am away for 1 year is there a risk of my h1 getting revoked?
more...
saisiv
07-23 03:54 PM
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
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webm
04-22 03:13 PM
its good to see data like this after a while...if nothing else...it provides a snapshot of where we are.
yeh true...
yeh true...
more...
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DSLStart
06-03 02:44 PM
Did you also mail them other supporting documents such as:
copy of current I-94
copy of I-485 receipt
DL/PP first two pages etc?
These are all mandatory supporting documents to be mailed.
I just got the RFE for the I-131 and they just asked for two pictures.
I applied online and the asked me not to send anything, so now they requested these pics.
I already sent them, so hopefully I'll get my travel document soon!
copy of current I-94
copy of I-485 receipt
DL/PP first two pages etc?
These are all mandatory supporting documents to be mailed.
I just got the RFE for the I-131 and they just asked for two pictures.
I applied online and the asked me not to send anything, so now they requested these pics.
I already sent them, so hopefully I'll get my travel document soon!
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snathan
03-15 11:25 AM
Didn't most of us came to US through "Desi Companies/Body Shopper/Outsourcer"?
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
We are not talking about closing the door. We are talking how the desi companies are abusing the system
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
We are not talking about closing the door. We are talking how the desi companies are abusing the system
more...
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dba9ioracle
09-23 02:19 PM
an email reply saying " ... Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below." :rolleyes:
My understanding ... bullshit! You ain't doing nothing.
I got similar letter for my SR regarding EAD. After I got this letter, my EAD was approved in 80 days. My EAD was pending for more than 270 days when my lawyer opened an SR. I got my EAD exactly after 365 days.
I am sure somebody is working on your case.
My understanding ... bullshit! You ain't doing nothing.
I got similar letter for my SR regarding EAD. After I got this letter, my EAD was approved in 80 days. My EAD was pending for more than 270 days when my lawyer opened an SR. I got my EAD exactly after 365 days.
I am sure somebody is working on your case.
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hopefulgc
03-31 07:17 PM
.
more...
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arc
05-19 07:09 PM
for immigration diploma + 3 yrs experience is Bachelors equivallent that is True for H1B or EB3
for further studies diploma is under grad, you will qualify to continue further studies for Bachelors
for further studies diploma is under grad, you will qualify to continue further studies for Bachelors
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TelanganaINDIA
10-04 10:55 PM
I am planning to go to India with my family in december. Please suggest some tourist spots across India.
Not the usual ones like tajmahal or gateway of india etc. Thank you.
Not the usual ones like tajmahal or gateway of india etc. Thank you.
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learning01
02-23 03:06 PM
http://www.washingtonpost.com/wp-dyn/content/article/2006/02/22/AR2006022202446_pf.html
Scientist's Visa Denial Sparks Outrage in India
By Shankar Vedantam
Washington Post Staff Writer
Thursday, February 23, 2006; A01
A decision two weeks ago by a U.S. consulate in India to refuse a visa to a prominent Indian scientist has triggered heated protests in that country and set off a major diplomatic flap on the eve of President Bush's first visit to India.
The incident has also caused embarrassment at the highest reaches of the American scientific establishment, which has worked to get the State Department to issue a visa to Goverdhan Mehta, who said the U.S. consulate in the south Indian city of Chennai told him that his expertise in chemistry was deemed a threat.
In the face of outrage in India, the U.S. Embassy in New Delhi issued a highly unusual statement of regret, and yesterday the State Department said officials are reaching out to the scientist to resolve his case.
"It is very strange logic," said Mehta, reached at his home in Bangalore early this morning India time. "Someone is insulted and hurt and you ask him to come back a second round."
The consulate told Mehta "you have been denied a visa" and invited him to submit additional information, according to an official at the National Academy of Sciences who saw a copy of the document. Mehta said in a written account obtained by The Washington Post that he was humiliated, accused of "hiding things" and being dishonest, and told that his work is dangerous because of its potential applications in chemical warfare.
Mehta denied that his work has anything to do with weapons. He said that he would provide his passport if a visa were issued, but that he would do nothing further to obtain the document: "If they don't want to give me a visa, so be it."
The scientist told Indian newspapers that his dealing with the U.S. consulate was "the most degrading experience of my life." Mehta is president of the International Council for Science, a Paris-based organization comprising the national scientific academies of a number of countries. The council advocates that scientists should have free access to one another.
Visa rejections or delays for foreign academics after the Sept. 11, 2001, attacks have led to widespread complaints by U.S universities and scientific organizations, but the new incident comes when things are improving, said Wendy White, director of the Board of International Scientific Organizations. The board was set up by the National Academy of Sciences and has helped about 3,000 scientists affected by the new policies.
"This leaves a terrible impression of the United States," said White, who has seen a copy of the consulate's form letter to Mehta. In an interview yesterday, she added that top scientists had worked with senior State Department officials to reverse the decision before Bush's visit next week. "We want people to know the U.S. is an open and welcoming country."
Mehta's case has especially angered Indians because he was a director of the Indian Institute of Science and is a science adviser to India's prime minister. He has visited the United States "dozens of times," he said, and the University of Florida in Gainesville had invited him to lecture at an international conference.
State Department spokesman Justin Higgins denied yesterday that the United States had rejected Mehta's visa and said the consulate had merely followed standard procedure in dealing with applicants with certain kinds of scientific expertise.
In his written account, the scientist said that after traveling 200 miles, waiting three hours with his wife for an interview and being accused of deception, he was outraged when his accounts of his research were questioned and he was told he needed to fill out a detailed questionnaire.
"I indicated that I have no desire to subject myself to any further humiliation and asked that our passports be returned forthwith," he wrote. The consular official, Mehta added, "stamped the passports to indicate visa refusal and returned them."
Higgins declined to address why the U.S. Embassy in New Delhi had taken the unusual step of saying it "regrets" that Mehta was "upset by the visa interview process."
In its statement, the embassy said: "At the United States mission in India, and to varying degrees at every U.S. mission worldwide, certain cases involving high technology issues are among those that require review before consular officers in the field are authorized to issue a visa."
White said that issuing a visa would solve the immediate problem, but that it would be more difficult to undo the damage caused by the dispute. Mehta is a high-profile example of the hurdles imposed by the new visa procedures. They require all applicants to appear in person for interviews that are done in only a few locations in large countries such as India, White said.
"If you tell an American, 'If you want a visa to go to India, you have to go to Dallas, Chicago, L.A. or New York, and while you are there, you are going to be fingerprinted, photographed and asked about everything you have done in your research for the last 40 years,' we would find this procedure untenable as Americans," she said.
Mehta said in his written account that he had been invited by the University of Florida, where he has previously been a distinguished visiting professor. White said she expected the International Council for Science, also known as the ICSU, to issue a statement today about the case involving its president.
White and William Wulf, president of the National Academy of Engineering, acknowledged that young American consular officers in foreign countries have been under tremendous pressure since the Sept. 11 attacks.
"Making the wrong decision would be career-ending, so they play it safe, not really understanding the macroscopic implications of their decision," Wulf said. "Denying a visa to the president of ICSU is probably as dumb as you can get. This is not the way we can make friends."
�*2006*The Washington Post Company
Scientist's Visa Denial Sparks Outrage in India
By Shankar Vedantam
Washington Post Staff Writer
Thursday, February 23, 2006; A01
A decision two weeks ago by a U.S. consulate in India to refuse a visa to a prominent Indian scientist has triggered heated protests in that country and set off a major diplomatic flap on the eve of President Bush's first visit to India.
The incident has also caused embarrassment at the highest reaches of the American scientific establishment, which has worked to get the State Department to issue a visa to Goverdhan Mehta, who said the U.S. consulate in the south Indian city of Chennai told him that his expertise in chemistry was deemed a threat.
In the face of outrage in India, the U.S. Embassy in New Delhi issued a highly unusual statement of regret, and yesterday the State Department said officials are reaching out to the scientist to resolve his case.
"It is very strange logic," said Mehta, reached at his home in Bangalore early this morning India time. "Someone is insulted and hurt and you ask him to come back a second round."
The consulate told Mehta "you have been denied a visa" and invited him to submit additional information, according to an official at the National Academy of Sciences who saw a copy of the document. Mehta said in a written account obtained by The Washington Post that he was humiliated, accused of "hiding things" and being dishonest, and told that his work is dangerous because of its potential applications in chemical warfare.
Mehta denied that his work has anything to do with weapons. He said that he would provide his passport if a visa were issued, but that he would do nothing further to obtain the document: "If they don't want to give me a visa, so be it."
The scientist told Indian newspapers that his dealing with the U.S. consulate was "the most degrading experience of my life." Mehta is president of the International Council for Science, a Paris-based organization comprising the national scientific academies of a number of countries. The council advocates that scientists should have free access to one another.
Visa rejections or delays for foreign academics after the Sept. 11, 2001, attacks have led to widespread complaints by U.S universities and scientific organizations, but the new incident comes when things are improving, said Wendy White, director of the Board of International Scientific Organizations. The board was set up by the National Academy of Sciences and has helped about 3,000 scientists affected by the new policies.
"This leaves a terrible impression of the United States," said White, who has seen a copy of the consulate's form letter to Mehta. In an interview yesterday, she added that top scientists had worked with senior State Department officials to reverse the decision before Bush's visit next week. "We want people to know the U.S. is an open and welcoming country."
Mehta's case has especially angered Indians because he was a director of the Indian Institute of Science and is a science adviser to India's prime minister. He has visited the United States "dozens of times," he said, and the University of Florida in Gainesville had invited him to lecture at an international conference.
State Department spokesman Justin Higgins denied yesterday that the United States had rejected Mehta's visa and said the consulate had merely followed standard procedure in dealing with applicants with certain kinds of scientific expertise.
In his written account, the scientist said that after traveling 200 miles, waiting three hours with his wife for an interview and being accused of deception, he was outraged when his accounts of his research were questioned and he was told he needed to fill out a detailed questionnaire.
"I indicated that I have no desire to subject myself to any further humiliation and asked that our passports be returned forthwith," he wrote. The consular official, Mehta added, "stamped the passports to indicate visa refusal and returned them."
Higgins declined to address why the U.S. Embassy in New Delhi had taken the unusual step of saying it "regrets" that Mehta was "upset by the visa interview process."
In its statement, the embassy said: "At the United States mission in India, and to varying degrees at every U.S. mission worldwide, certain cases involving high technology issues are among those that require review before consular officers in the field are authorized to issue a visa."
White said that issuing a visa would solve the immediate problem, but that it would be more difficult to undo the damage caused by the dispute. Mehta is a high-profile example of the hurdles imposed by the new visa procedures. They require all applicants to appear in person for interviews that are done in only a few locations in large countries such as India, White said.
"If you tell an American, 'If you want a visa to go to India, you have to go to Dallas, Chicago, L.A. or New York, and while you are there, you are going to be fingerprinted, photographed and asked about everything you have done in your research for the last 40 years,' we would find this procedure untenable as Americans," she said.
Mehta said in his written account that he had been invited by the University of Florida, where he has previously been a distinguished visiting professor. White said she expected the International Council for Science, also known as the ICSU, to issue a statement today about the case involving its president.
White and William Wulf, president of the National Academy of Engineering, acknowledged that young American consular officers in foreign countries have been under tremendous pressure since the Sept. 11 attacks.
"Making the wrong decision would be career-ending, so they play it safe, not really understanding the macroscopic implications of their decision," Wulf said. "Denying a visa to the president of ICSU is probably as dumb as you can get. This is not the way we can make friends."
�*2006*The Washington Post Company
mirage
04-20 01:37 PM
I have met the congressmen of my area, in person, have called senators of my state. I think singing and ringing can go hand in hand :) don't you sometime listen to music at work ?
---
Mirage: Thanks for sharing but it seems many others have the same CD. But I am no mood to listen to melancolic songs! Now is the time for action!
...
Please Stop singing the blues and START Ringing(calling) the congress reps.
---
Mirage: Thanks for sharing but it seems many others have the same CD. But I am no mood to listen to melancolic songs! Now is the time for action!
...
Please Stop singing the blues and START Ringing(calling) the congress reps.
Jonas73
04-21 06:17 PM
Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).
Do I need to "change" job within my company?
Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?
Do I need to "change" job within my company?
Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?
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