raysaikat
08-04 11:36 AM
Hi, can someone help crack this puzzle?
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
IMHO, your best bet probably is filing another I-485 linking it with the new I-140 (EB2).
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
IMHO, your best bet probably is filing another I-485 linking it with the new I-140 (EB2).
clif
06-15 01:35 PM
Experts, Please advice on this :
:confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both?
Is it safe to file for extension now or will it affect I-485 filing in July if the extension takes 2-3 months to be approved? My company is asking me for documents to file for extension and I have no idea about their plans for I-485 filing.
Also, less importantly, if I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:
:confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both?
Is it safe to file for extension now or will it affect I-485 filing in July if the extension takes 2-3 months to be approved? My company is asking me for documents to file for extension and I have no idea about their plans for I-485 filing.
Also, less importantly, if I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:
breddy2000
09-18 07:43 AM
I would say, if the intent to migrate is for GC, then the best option is come here as Nurse, as a schedule A worker.
They do get the GC very fast.I know one of my frnd who did this.
He came here to study MBA, then converted to Schedule A nursing job by writing few exams and wait for GC , once you get it then you can do what ever it takes to become a complete practicing doctor in US.
I do not know if any other details apart from this.
They do get the GC very fast.I know one of my frnd who did this.
He came here to study MBA, then converted to Schedule A nursing job by writing few exams and wait for GC , once you get it then you can do what ever it takes to become a complete practicing doctor in US.
I do not know if any other details apart from this.
amsgc
04-22 09:59 PM
Indian companies like wipro, infosys discourage GC processes.
If that is the case, then PDs should move forward once we are past FY2004.
The question is, how many are there in FY2004?!!
If that is the case, then PDs should move forward once we are past FY2004.
The question is, how many are there in FY2004?!!
more...
IndiaNJ
08-20 12:11 PM
My 485 got approved on 8/8/8 , where as wife's case is still pending , my wife called the 1.800 number , they told it has been assigned to the officer , and he has to make a decision.
pa_arora
07-18 07:22 PM
1) I think you can file EAD /AP even if you dont have a AOS receipt. Can someone comment on this?
2) What all docs are required for filing EAD & AP?
2) What all docs are required for filing EAD & AP?
more...
augustus
07-13 01:33 PM
You are right. Suits are the way to go. Let them know we are no scum bags!!!! GO PEOPLE! Dress up... Have your day!!
amsgc
02-07 02:42 PM
I worked in Delhi before moving to the US, so have some contacts. Last December I touched base with some of my friends from my previous company (big teleco services) and found that it is still not worth moving back - even if you have a home in delhi.
After 7 yrs of work experience, they are still making about 12-15 Lacs (moved up from being an entry level SE to a Project Manager).
Anyways, now days they are very selective in hiring talent - practically a hiring freeze. Also, the days for 30% raises seem to be over, at least for now.
I heard Bangalore is much better.
After 7 yrs of work experience, they are still making about 12-15 Lacs (moved up from being an entry level SE to a Project Manager).
Anyways, now days they are very selective in hiring talent - practically a hiring freeze. Also, the days for 30% raises seem to be over, at least for now.
I heard Bangalore is much better.
more...
ryan
04-29 07:45 PM
Nice article here. It also compares the experience on how folks did once they went back. The needle is surely moving away from USA.
America is bleeding competitiveness | VentureBeat (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/)
How is this a "nice" or even a transparent / balanced opinion? It starts off -- "With anti-immigrant sentiment building across the nation, and clouds of nativism.."
Is he referring to Anti-immigrant, or anti-illegal immigration? I believe the latter. There is a difference. As a potential immigrant, who has had the opportunity to live and work in America 10 years and counting, I haven't experienced the least bit of anti-foreigner sentiments from the everyday American folk. All I want to say, is that I have been extended the opportunities, quite felt welcomed and feel truly blessed to have some met some of the nicest folks / friends, from my time living in this country. I grew up in a country where we never got to belong. You could be born, and live there to the day you die -- and you'd never get to belong. It's a whole lot different here in America. I truly hope some people express fair and balanced opinions, as opposed to writing with a hidden agenda.. and that's a shame.
America is bleeding competitiveness | VentureBeat (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/)
How is this a "nice" or even a transparent / balanced opinion? It starts off -- "With anti-immigrant sentiment building across the nation, and clouds of nativism.."
Is he referring to Anti-immigrant, or anti-illegal immigration? I believe the latter. There is a difference. As a potential immigrant, who has had the opportunity to live and work in America 10 years and counting, I haven't experienced the least bit of anti-foreigner sentiments from the everyday American folk. All I want to say, is that I have been extended the opportunities, quite felt welcomed and feel truly blessed to have some met some of the nicest folks / friends, from my time living in this country. I grew up in a country where we never got to belong. You could be born, and live there to the day you die -- and you'd never get to belong. It's a whole lot different here in America. I truly hope some people express fair and balanced opinions, as opposed to writing with a hidden agenda.. and that's a shame.
Berkeleybee
04-03 07:29 PM
All,
We were trying to keep this fact sheet to 2-3 pages, but it would be great to compile a list of immigrant overachievers anyway. :)
We were trying to keep this fact sheet to 2-3 pages, but it would be great to compile a list of immigrant overachievers anyway. :)
more...
matreen
01-22 03:00 AM
I am also in similar boat....please advice guys....
what happend once you invoke your AC21 and travell on AP ......
What would be the best answers at POE if they ask I am working for the GC sponsered Employer?
M
what happend once you invoke your AC21 and travell on AP ......
What would be the best answers at POE if they ask I am working for the GC sponsered Employer?
M
kondur_007
10-30 04:06 PM
In my case - which is little different than you since I'm actually transferring my job to a different subsidiary of the same employer with employer's blessing - attorney advised to file AC21 even though I had just received my GC. It sounds counter-intuitive but his logic behind it was as follows: USCIS will surely reject AC21 letter stating the candidate has already received GC. You can then keep this response in your file and use it to defend your case if there is any problem down the road (for example, during your citizenship processing) since you had informed USCIS and they themselves said it's not necessary. In case they do not reject your AC21 request you will still be fine since it means you invoked AC21 even though you got your GC so it should still be okay to switch before 6 months.
As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.
Thank you very much for sharing this information, this is a very good point; I never thought about it.
As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.
Thank you very much for sharing this information, this is a very good point; I never thought about it.
more...
swissgear
06-24 11:20 AM
NYC mayor, major CEOs lobby for immigration reform (http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/06/23/financial/f230104D08.DTL&type=business)
NYC mayor, major CEOs lobby for immigration reform
By SARA KUGLER FRAZIER, Associated Press Writer
Associated Press June 24, 2010 04:56 AM Copyright Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Thursday, June 24, 2010
06-24) 04:56 PDT New York (AP) --
Chief executives of several major corporations, including Hewlett-Packard, Boeing, Disney and News Corp., are joining Mayor Michael Bloomberg to form a coalition advocating for immigration reform — including a path to legal status for all undocumented immigrants now in the United States.
The group includes several other big-city mayors and calls itself the Partnership for a New American Economy. It seeks to reframe immigration reform as the solution to repairing and stimulating the economy.
Bloomberg and Rupert Murdoch, chairman and CEO of News Corp., appeared together Thursday on Fox News to discuss the effort.
"We're just going to keep the pressure on the congressmen," Murdoch said. "I think we can show to the public the benefits of having migrants and the jobs that go with them."
Bloomberg added, "Somebody has to lead and explain to the country why this is in our interest."
The CEOs said Thursday in statements that their companies — and the nation — depend on immigrants.
"It's our great strength as a nation, and it's also critical for continued economic growth," Walt Disney Co. Chairman and CEO Robert Iger said in a statement. "To remain competitive in the 21st century, we need effective immigration reform that invites people to contribute to our shared success by building their own American dream."
The group says it intends to make its point to policymakers by "publishing studies, conducting polls, convening forums and paying for public education campaigns."
The tactics are similar to those used by Bloomberg's coalition of mayors who support gun control.
Bloomberg has for years criticized the federal government for its immigration laws, proposing in 2006 a plan that would have established a DNA or fingerprint database to track and verify all legal U.S. workers.
The billionaire mayor, a former CEO of the financial information company Bloomberg LP, also said at the time that all 12 million undocumented immigrants in the United States should be given the opportunity for citizenship, saying that deporting them is impossible and would devastate the economy.
Lawmakers who wanted to deport all illegal immigrants were "living in a fantasy world," he said.
He has recently taken up the fight again, declaring this week that U.S. immigration policy "is national suicide."
"I can't think of any ways to destroy this country quite as direct and impactful as our immigration policy," he said Wednesday. "We educate the best and the brightest, and then we don't give them a green card."
The group's main immigration goals are to secure the borders, develop an easy system for employers to verify work eligibility, hold companies accountable for breaking the laws and improve the use of technology to prevent illegal immigration.
The group also wants more opportunities for immigrants to join the U.S. work force and a path to legal status for all undocumented immigrants.
Bloomberg spokesman Jason Post said no money has been spent on the effort yet, and he could not say whether the group will be a standard nonprofit, a political action committee or a group known as a 501(c)4 nonprofit, which can operate outside the more strict limits governing political action committees.
The business leaders in the coalition employ more than 650,000 people and make more than $220 billion in annual sales, combined.
The effort marks Bloomberg's return to national issues after he spent 2009 campaigning for a third term, focusing mostly on New York City's municipal concerns.
The Republican-turned-independent spent about two years testing the waters for an independent 2008 presidential run, but ultimately he gave up the idea.
By recruiting business leaders and mayors into a national-issue coalition, he is highlighting both of his backgrounds in running a city and running a business, which could be seen as an early move to dust off his presidential aspirations.
Read more: NYC mayor, major CEOs lobby for immigration reform (http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/06/23/financial/f230104D08.DTL&type=business#ixzz0rmwAKPQ7)
NYC mayor, major CEOs lobby for immigration reform
By SARA KUGLER FRAZIER, Associated Press Writer
Associated Press June 24, 2010 04:56 AM Copyright Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Thursday, June 24, 2010
06-24) 04:56 PDT New York (AP) --
Chief executives of several major corporations, including Hewlett-Packard, Boeing, Disney and News Corp., are joining Mayor Michael Bloomberg to form a coalition advocating for immigration reform — including a path to legal status for all undocumented immigrants now in the United States.
The group includes several other big-city mayors and calls itself the Partnership for a New American Economy. It seeks to reframe immigration reform as the solution to repairing and stimulating the economy.
Bloomberg and Rupert Murdoch, chairman and CEO of News Corp., appeared together Thursday on Fox News to discuss the effort.
"We're just going to keep the pressure on the congressmen," Murdoch said. "I think we can show to the public the benefits of having migrants and the jobs that go with them."
Bloomberg added, "Somebody has to lead and explain to the country why this is in our interest."
The CEOs said Thursday in statements that their companies — and the nation — depend on immigrants.
"It's our great strength as a nation, and it's also critical for continued economic growth," Walt Disney Co. Chairman and CEO Robert Iger said in a statement. "To remain competitive in the 21st century, we need effective immigration reform that invites people to contribute to our shared success by building their own American dream."
The group says it intends to make its point to policymakers by "publishing studies, conducting polls, convening forums and paying for public education campaigns."
The tactics are similar to those used by Bloomberg's coalition of mayors who support gun control.
Bloomberg has for years criticized the federal government for its immigration laws, proposing in 2006 a plan that would have established a DNA or fingerprint database to track and verify all legal U.S. workers.
The billionaire mayor, a former CEO of the financial information company Bloomberg LP, also said at the time that all 12 million undocumented immigrants in the United States should be given the opportunity for citizenship, saying that deporting them is impossible and would devastate the economy.
Lawmakers who wanted to deport all illegal immigrants were "living in a fantasy world," he said.
He has recently taken up the fight again, declaring this week that U.S. immigration policy "is national suicide."
"I can't think of any ways to destroy this country quite as direct and impactful as our immigration policy," he said Wednesday. "We educate the best and the brightest, and then we don't give them a green card."
The group's main immigration goals are to secure the borders, develop an easy system for employers to verify work eligibility, hold companies accountable for breaking the laws and improve the use of technology to prevent illegal immigration.
The group also wants more opportunities for immigrants to join the U.S. work force and a path to legal status for all undocumented immigrants.
Bloomberg spokesman Jason Post said no money has been spent on the effort yet, and he could not say whether the group will be a standard nonprofit, a political action committee or a group known as a 501(c)4 nonprofit, which can operate outside the more strict limits governing political action committees.
The business leaders in the coalition employ more than 650,000 people and make more than $220 billion in annual sales, combined.
The effort marks Bloomberg's return to national issues after he spent 2009 campaigning for a third term, focusing mostly on New York City's municipal concerns.
The Republican-turned-independent spent about two years testing the waters for an independent 2008 presidential run, but ultimately he gave up the idea.
By recruiting business leaders and mayors into a national-issue coalition, he is highlighting both of his backgrounds in running a city and running a business, which could be seen as an early move to dust off his presidential aspirations.
Read more: NYC mayor, major CEOs lobby for immigration reform (http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/06/23/financial/f230104D08.DTL&type=business#ixzz0rmwAKPQ7)
chanduv23
11-09 09:36 PM
People already sued USCIS couple of years back and lost the battle.Sad to hear about 15,000 people with their futures undecided.I also heard that many doctors are leaving US as they are unable to find a residency program.
That is correct. In the last couple of years, FMGs from UK started applying for residency programmes in the US and they had an edge over FMG from India or Pakistan and there has been stringent competition. I have heard residencies rejecting FMGs with scores 99, 99, 99 in USMLE all steps on basis that though they have the best possible scores, they do not have clinical experience.
There is a huge demand for doctors in underserved areas and the supply is far less than the demand but then very little is being done on this side.
Paskal will know more on the politics involving physicians
That is correct. In the last couple of years, FMGs from UK started applying for residency programmes in the US and they had an edge over FMG from India or Pakistan and there has been stringent competition. I have heard residencies rejecting FMGs with scores 99, 99, 99 in USMLE all steps on basis that though they have the best possible scores, they do not have clinical experience.
There is a huge demand for doctors in underserved areas and the supply is far less than the demand but then very little is being done on this side.
Paskal will know more on the politics involving physicians
more...
chapper
11-09 08:14 PM
Can we do the same here - or something similar to that extent as demonstrated in UK - is it advisable.
Legal immigrants no matter where they are from should be treated equally without divisions within this group or special classifications for certain sections of the group.
Legal immigrants no matter where they are from should be treated equally without divisions within this group or special classifications for certain sections of the group.
indianabacklog
11-10 04:04 PM
You can volunteer in a role that is always undertaken by individuals who are volunteers, such as in a hospital setting. In reality if you are volunteering for a for profit they are really getting unpaid assistance which technically should be done by an employee.
If you go serve dinners at a homeless mission or work as a hospital volunteer for example then you are just fine.
I do have this information from a lawyer incidentally as this question arose in our family.
If you go serve dinners at a homeless mission or work as a hospital volunteer for example then you are just fine.
I do have this information from a lawyer incidentally as this question arose in our family.
more...
kanshul
04-23 09:48 AM
Also remember that the client may not be happy with the small consulting firm who is threatning...
Do you have a middle layer (preferred vendor)? Does your employer have other working on the client site? In either case the employer faces serious possiblity of losing businesss in the future.
Talk to your client manager and I can assure you that no court will hold your employer's reasoning as valid.
What state are you in? In NJ your employer is not even considered an employer but an employmend agency so no non compete holds...
Do you have a middle layer (preferred vendor)? Does your employer have other working on the client site? In either case the employer faces serious possiblity of losing businesss in the future.
Talk to your client manager and I can assure you that no court will hold your employer's reasoning as valid.
What state are you in? In NJ your employer is not even considered an employer but an employmend agency so no non compete holds...
go_guy123
01-26 10:57 AM
Is this only for phds or for master graduates too?
Seems like only for PhD. i can forsee rush to do part time PhDs from bottom of the barrel universities.
Seems like only for PhD. i can forsee rush to do part time PhDs from bottom of the barrel universities.
Rakson
02-28 10:25 PM
A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved
B. Yes, new company can start a new PERM and port your earlier PD during I-140 process
C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.
Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)
roseball & "meridiani.planum" thanks to both of you on this confirmation. I will make sure to resign only after getting 3 years approval by new company.
roseball, "life long stability" is relative term as I am seeing new job much more stable than where I am as of today. ..
Again thanks for your help..
B. Yes, new company can start a new PERM and port your earlier PD during I-140 process
C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.
Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)
roseball & "meridiani.planum" thanks to both of you on this confirmation. I will make sure to resign only after getting 3 years approval by new company.
roseball, "life long stability" is relative term as I am seeing new job much more stable than where I am as of today. ..
Again thanks for your help..
Bpositive
01-05 12:12 PM
Thanks. We are answering the 221g questions. Not clear about the format of the "invitation letter" from the sponsor/employer. Should this be in txt format and in the same document as the answers to the other questions? Or can this be a separate scanned pdf...
Anyone?
Anyone?
perm2gc
12-22 06:08 PM
Efren Hernandez III, Director of the Business and Trade Services Branch at INS in Washington, D.C. announced in late December 2001 that the INS does not recognize or provide any "grace period" for maintaining status after employment termination. Mr. Hernandez explained this strict interpretation by reasoning that there is no difference between H1B holders and other non-immigrants, like students, to justify a stay in the U.S. beyond the explicit purpose of their admission. Mr. Hernandez admits that this may cause hardship to some terminated or laid off H1B workers, but believes that the INS position is legally justified.
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
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