leoindiano
03-17 10:02 AM
Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved with PD in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
wallpaper ChaCha Answer: La bella vita
arrarrgee
07-13 11:57 AM
my question too...why not wait till the announcement? :confused:
kinda confused here..
why do we need the rally.. if there is going to be some new that will resolve the issues?
If its going to leave some issues unresolved.. the we need this.
Go IV!!
kinda confused here..
why do we need the rally.. if there is going to be some new that will resolve the issues?
If its going to leave some issues unresolved.. the we need this.
Go IV!!
raj1998
04-13 12:49 PM
I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
2011 Central Florida News 13 Tue,
malibuguy007
09-16 12:58 PM
I agree - the focus should be ONLY CALLS today.
Is it possible to add a poll to the thread to see how many people called just today?
Is it possible to add a poll to the thread to see how many people called just today?
more...
justareader
03-24 04:23 PM
Mark, That was awesome. Thanks for the effort
jonty_11
12-03 02:15 PM
I cannot comment specifically to ur case...but when me n my spouse travelled on AP...going to India - no one looked at AP...we just turned in our I94 to the airline....
I think the relevance of AP is only when you re-enter US, hopefully by that time u already have AP in hand for urself and her.
I think the relevance of AP is only when you re-enter US, hopefully by that time u already have AP in hand for urself and her.
more...
Brittanicus
04-22 08:38 PM
First and foremost we are a nation of laws, or as we are all anticipated? But years of previous administrations have neglected the illegal immigrant problem, to the detriment of American workers. Ever since the inception of the 1986 Immigration & Reform Act, signed into law by Ronald Reagan, the politicians have pushed for a new AMNESTY. In addition, anytime a new law has been drafted to combat the illegal immigrant occupation of our country, they have behind closed doors killed it or weakened it's enactment. The law of given instant citizenship to babies intentionally born here, is a complete misinterpretation of the 14th amendment, after the civil war that emancipated African slaves.
It was never meant for (Anchor Babies) to give pregnant illegal alien mothers the right to legal status? The law has been badly mauled because the children can then draw on US education, free medical care, free baby delivery and after care, low income housing and it is a route to many government handouts. The major problem now facing the Obama White House is are the children of illegal immigrants to blame for their parents breaking the law? Obviously the left-wingers are to blame for this conundrum, but both parties have added to neglect to the sovereign laws of our nation. I think we should follow other countries "Rule of Law" and cement in place that children who have proven themselves can go to a place of higher learning. We desperately need a wide scope of professionals in Engineering, Science and 21st Century technology. But also remember that our government settles the largest population of new immigrants on Earth. What we don't need is more poorly educated, non-English speaking, impoverished aliens, looking for handouts. Like other developed nations we must be very specific, who we pick and choose as new citizens. We must also restrain ourselves from chain migration, who are liable to become a public charges, because the family sponsors have decided the US taxpayer should carry the financial weight?
We can thank our corrupt liberal politicians, judges in the past as drafting a passive law, instead of entering America being a criminal offense. Now we have uncountable number of illegal aliens squatting here, because of the absolute intentional neglect of our lawmakers. Is there any other country in the world, that makes illegally crossing into their sovereign territory a Civil Crime--I really don't think so? Our laws deliberately drafted this way in favor of the open border, big Catholic church and special interest groups. To HXXX with the American people, who are forced to fight for their jobs?
But if American defeat the next Amnesty ready to pounce on the unsuspecting legal population, we must make an example in using the 1986 law. We as a people must build-on the E-Verify application, upgrade, modify to extract illegal job applicants from the workplace. Illegal immigrants who have overstayed visas, illegal crossed the border and children must be exempt from any pardon. All children of illegal parents that have committed crimes, been expelled or just deserted school should leave with parents in the usage of self-deportation. This is a compliance way to remove foreign nationals and any criminal businesses that employ them, must receive mandatory, fines, asset confiscation and prison terms. The use of a in-perpetuity E-Verify will be a ultimate deterrent and see movement of illegal labor and families packing and leaving under the term of "ATTRITION" We must force our reluctant politicians to be governed by--THE PEOPLE'S--WILL or face the dire consequences in the election process. This will surely happen when Sen. Reid, Speaker Pelosi and 48 other Senate lawmakers come up for re-election. They underfunded E-Verify, that obviously is working efficiently for them to kill it. Today I have heard Homeland Security Chief Janet Napolitano is approaching State governors to appeal the Real ID Act, that would add national standards for state-issued driver licenses and non-driver identification cards, Revising and tightening the laws on application for asylum and deportation of aliens for terrorist activity. That wouldWaiver laws that interfere with construction of physical barriers at the borders, to name a few statutes. So that means since the new Presidency, the Democratic run Congress are trying to revoke E-Verify and the Real ID act. My guess, is under this regime they will be rescinding the Federal program for State and local police called 247(g) that trains officers to arrest and detain illegal alien criminals.
The open border, free traders, special interest groups will use any contradictions, epithets, racial slurs to annul any new law--which they have done successfully up to now. But American should realize strongly, that this has nothing to do with a persons color, religion or ethnic background--and EVERYTHING--to do with being--CARTE BLANCHE--for parasite employers, who pay nothing to illegal immigrant upkeep? It's left to Taxpayers? Its everything to do with billions of dollars spent, to pacify the big Catholic church, a portion of Liberal voters and others who see nothing wrong in loading citizens, residents down with sky high taxes. Supposedly the last White House promised no thoughts of a Path to Citizenship until the border was orderly and closed to undesirable With another drafted and secret Amnesty on the House and Senate table, like always--this is not the case. Drug smuggling and incessant illegal immigration is still very prevalent. The rumors from the new White House are clearly signaling another push for AMNESTY?
So go to these sites: VDARE, FAIRUS, JUDICIALWATCH, NUMBERSUSA, AMERICANPATROL, CAPSWEB & ALIPAC. The stakes are sky high because Amnesty means, thousands more will swamp the border looking for yet a 3rd---AMNESTY.
It was never meant for (Anchor Babies) to give pregnant illegal alien mothers the right to legal status? The law has been badly mauled because the children can then draw on US education, free medical care, free baby delivery and after care, low income housing and it is a route to many government handouts. The major problem now facing the Obama White House is are the children of illegal immigrants to blame for their parents breaking the law? Obviously the left-wingers are to blame for this conundrum, but both parties have added to neglect to the sovereign laws of our nation. I think we should follow other countries "Rule of Law" and cement in place that children who have proven themselves can go to a place of higher learning. We desperately need a wide scope of professionals in Engineering, Science and 21st Century technology. But also remember that our government settles the largest population of new immigrants on Earth. What we don't need is more poorly educated, non-English speaking, impoverished aliens, looking for handouts. Like other developed nations we must be very specific, who we pick and choose as new citizens. We must also restrain ourselves from chain migration, who are liable to become a public charges, because the family sponsors have decided the US taxpayer should carry the financial weight?
We can thank our corrupt liberal politicians, judges in the past as drafting a passive law, instead of entering America being a criminal offense. Now we have uncountable number of illegal aliens squatting here, because of the absolute intentional neglect of our lawmakers. Is there any other country in the world, that makes illegally crossing into their sovereign territory a Civil Crime--I really don't think so? Our laws deliberately drafted this way in favor of the open border, big Catholic church and special interest groups. To HXXX with the American people, who are forced to fight for their jobs?
But if American defeat the next Amnesty ready to pounce on the unsuspecting legal population, we must make an example in using the 1986 law. We as a people must build-on the E-Verify application, upgrade, modify to extract illegal job applicants from the workplace. Illegal immigrants who have overstayed visas, illegal crossed the border and children must be exempt from any pardon. All children of illegal parents that have committed crimes, been expelled or just deserted school should leave with parents in the usage of self-deportation. This is a compliance way to remove foreign nationals and any criminal businesses that employ them, must receive mandatory, fines, asset confiscation and prison terms. The use of a in-perpetuity E-Verify will be a ultimate deterrent and see movement of illegal labor and families packing and leaving under the term of "ATTRITION" We must force our reluctant politicians to be governed by--THE PEOPLE'S--WILL or face the dire consequences in the election process. This will surely happen when Sen. Reid, Speaker Pelosi and 48 other Senate lawmakers come up for re-election. They underfunded E-Verify, that obviously is working efficiently for them to kill it. Today I have heard Homeland Security Chief Janet Napolitano is approaching State governors to appeal the Real ID Act, that would add national standards for state-issued driver licenses and non-driver identification cards, Revising and tightening the laws on application for asylum and deportation of aliens for terrorist activity. That wouldWaiver laws that interfere with construction of physical barriers at the borders, to name a few statutes. So that means since the new Presidency, the Democratic run Congress are trying to revoke E-Verify and the Real ID act. My guess, is under this regime they will be rescinding the Federal program for State and local police called 247(g) that trains officers to arrest and detain illegal alien criminals.
The open border, free traders, special interest groups will use any contradictions, epithets, racial slurs to annul any new law--which they have done successfully up to now. But American should realize strongly, that this has nothing to do with a persons color, religion or ethnic background--and EVERYTHING--to do with being--CARTE BLANCHE--for parasite employers, who pay nothing to illegal immigrant upkeep? It's left to Taxpayers? Its everything to do with billions of dollars spent, to pacify the big Catholic church, a portion of Liberal voters and others who see nothing wrong in loading citizens, residents down with sky high taxes. Supposedly the last White House promised no thoughts of a Path to Citizenship until the border was orderly and closed to undesirable With another drafted and secret Amnesty on the House and Senate table, like always--this is not the case. Drug smuggling and incessant illegal immigration is still very prevalent. The rumors from the new White House are clearly signaling another push for AMNESTY?
So go to these sites: VDARE, FAIRUS, JUDICIALWATCH, NUMBERSUSA, AMERICANPATROL, CAPSWEB & ALIPAC. The stakes are sky high because Amnesty means, thousands more will swamp the border looking for yet a 3rd---AMNESTY.
2010 Celebrity Tattoos: Christina
amitk81
12-10 02:35 PM
Is it possible to share your sources for the same.
thanks
Amit
thanks
Amit
more...
viper673
06-07 09:17 PM
I entered the US as a student in Jan '99 and did a couple of trips on my F1 visa and since I got my H1-B approval notice in 2001, I never left until last December '07 and returned with a stamped H1-B visa.
I would be "ok" if they asked for all returns since 2001 as that's when I actually started working and used the H1-B, but why is he asking for returns from 1999, I have no clue...
That's why I mentioned it feels like he wants to deny my applicatoin. Can he deny it if I can't produce the returns for '99 and '00 even though I filed my returns and the IRS can't produce evidence that I did or didn't?
I do have the W-2's from '99 and '00...
Any ideas/help from senior members or someone that had a similar situation?
I would be "ok" if they asked for all returns since 2001 as that's when I actually started working and used the H1-B, but why is he asking for returns from 1999, I have no clue...
That's why I mentioned it feels like he wants to deny my applicatoin. Can he deny it if I can't produce the returns for '99 and '00 even though I filed my returns and the IRS can't produce evidence that I did or didn't?
I do have the W-2's from '99 and '00...
Any ideas/help from senior members or someone that had a similar situation?
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sidshar
10-15 12:49 PM
If we file our 485 after July 2007 form says we dont pay filing fees, is that true?
Thanks.
Thanks.
more...
bank_king2003
04-21 11:59 AM
greyhair - that was something i tried on my own and i have never represented IV.
you are right we may sue congress but to win that is much much tough as even the judge is been appointed by the president which i guess is a member of congress :) but one can certainly try.
this requires a big movement for which IV is a very nice platform. that is the reason i keep shouting on this forum that nothing will happen untill you somehow make uscis held accountable or in this case even congress accountable.
Filing a Lawsuit against USCIS and CONGRESS together may lead us somewhere.
you are right we may sue congress but to win that is much much tough as even the judge is been appointed by the president which i guess is a member of congress :) but one can certainly try.
this requires a big movement for which IV is a very nice platform. that is the reason i keep shouting on this forum that nothing will happen untill you somehow make uscis held accountable or in this case even congress accountable.
Filing a Lawsuit against USCIS and CONGRESS together may lead us somewhere.
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Becks
08-16 05:51 PM
I had my PA DL renewed last year. All they asked was the original I-485 receipt, Passport. They dont consider EADs.
more...
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nozerd
01-15 09:52 PM
Looks like the best bet for you would be to give the exam in either Houston or Dallas.
I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.
I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.
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LostInGCProcess
08-26 01:20 PM
Are you sure about this? I don't think this is true. My wife entered using AP and works on H-1B. Note that she is a derivative on my I-485 and works on H-1 for a totally different employer.
Well, that was precisely my question...and I think your example fits perfectly with my scenario.
My wife is on a H1 which is different from my employer who is sponsoring my GC...and I got EAD and AP (although I am not using them right now still holding on to H1) and also my wife too, is on her companies H1.
She is going to India for H1 Visa stamping...and if it didn't go well for some wild reasons, she would use the AP to come back to US...after entering US using AP, can she continue to work on her H1?? Please note: her H1 is totally different from the AP, which was thru my company.
So, Little_willy, is it okay???:confused:
Well, that was precisely my question...and I think your example fits perfectly with my scenario.
My wife is on a H1 which is different from my employer who is sponsoring my GC...and I got EAD and AP (although I am not using them right now still holding on to H1) and also my wife too, is on her companies H1.
She is going to India for H1 Visa stamping...and if it didn't go well for some wild reasons, she would use the AP to come back to US...after entering US using AP, can she continue to work on her H1?? Please note: her H1 is totally different from the AP, which was thru my company.
So, Little_willy, is it okay???:confused:
more...
pictures Lindsay Lohan Looking Worse
div_bell_2003
10-14 07:43 PM
You can go visit India after your AP has been applied for, and you can ask your lawyer ( if you are using one ) to send the docs to you in India , so that you can come back with the new approved AP, off course you can't enter USA on an expired AP.
My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.
My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.
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vin13
09-30 04:47 PM
She has no clue on what she is talking or probably she misses the whole point about PD, so she says look at RD and processing timeframe
I thought the same...these people have no clue what they are doing.
I thought the same...these people have no clue what they are doing.
more...
makeup Lindsay Lohan Expands 6126
anilsal
08-05 04:09 PM
the process of interviews. Can you please tell us how you are notified about a possible interview, how much time you have to prepare for the interview (15 day notice, 30day notice??), how one can postpone the interview (calling USCIS or need to send a letter) etc.
This will benefit members.
This will benefit members.
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eagerr2i
08-04 03:45 PM
If you have worked for 40 quarters, you will be eligible for Soc Security irrespective of where you live. There are american citizens settled in the Carrebean Islands who get their social security checks there. However, the big question is "What if the social security runs of out of money when your time comes", Soc Security Admin will start having negative cash flows starting from 2008 beacuse of the baby boomers retiring in great nunbers and fewer younger people joining the work force in comparison. Or there might be the case that the payouts get reduced from the maximun of $ 1800 presently to a token payment of just $ 300..!
401 K money is yours and you can do what ever you like. You could with draw it in 3-4 installments over as many years, thus reducing the taxable income for the year- provided you can earn higher ROI on that money by investing in stock market of the country you plan to return to as compared to being vested in the US stock market. You may also keep in mind that currency exchange and strengthening/devalaution of the dollar against your home currency will also have an affect on ROI based on when you with draw. That affect is almost impossible to predict for any one.
Many people leave the money here in USA, so that they could use it for their kids when the kids return to USA for their higher education. What you want to do with 401K is entirely your call..
401 K money is yours and you can do what ever you like. You could with draw it in 3-4 installments over as many years, thus reducing the taxable income for the year- provided you can earn higher ROI on that money by investing in stock market of the country you plan to return to as compared to being vested in the US stock market. You may also keep in mind that currency exchange and strengthening/devalaution of the dollar against your home currency will also have an affect on ROI based on when you with draw. That affect is almost impossible to predict for any one.
Many people leave the money here in USA, so that they could use it for their kids when the kids return to USA for their higher education. What you want to do with 401K is entirely your call..
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invincibleasian
02-21 12:26 AM
invincibleasian :
Could you please share your experience with FOIA application for I-140. Did you finally get the copy ?
Also, what all document you need to apply for it ?
I am planning to do that since my employer denied me for getting I-140 copy.
Appreciate your resposne.
Fill out the G-639 form and follow the instructions. Write a covering note clearly indicating the documents yu need and include information like lin numbers etc if available. get it notarized and mail it to the address in the instructions. yu recv a application recvd note within 20 buss days. this contains a number which you can use to track yur request. I am still waiting for my request to be completed since it has been placed on the complex track!
Could you please share your experience with FOIA application for I-140. Did you finally get the copy ?
Also, what all document you need to apply for it ?
I am planning to do that since my employer denied me for getting I-140 copy.
Appreciate your resposne.
Fill out the G-639 form and follow the instructions. Write a covering note clearly indicating the documents yu need and include information like lin numbers etc if available. get it notarized and mail it to the address in the instructions. yu recv a application recvd note within 20 buss days. this contains a number which you can use to track yur request. I am still waiting for my request to be completed since it has been placed on the complex track!
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
redcard
08-23 11:21 AM
People who did BSc and BA...have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..
Is there any use in comming here as a student?? anymore..
Stop crying.. no one forced you to come here to study.. you came by choice like the other people who came here to work on H1... you decided to stay here for working, again no one forced you ... you decided to apply for GC again no one forced you... you decided to join a good company who would not substitute a labor .. again no once forced you... you had options like all the other people who came here on BS or whatever degree.. maybe you made the wrong move when it came to GC and the other people made a smarter move.. so don't cry on that.. if you wish to cry .. cry for the labor substitution rule.. it will help
Is there any use in comming here as a student?? anymore..
Stop crying.. no one forced you to come here to study.. you came by choice like the other people who came here to work on H1... you decided to stay here for working, again no one forced you ... you decided to apply for GC again no one forced you... you decided to join a good company who would not substitute a labor .. again no once forced you... you had options like all the other people who came here on BS or whatever degree.. maybe you made the wrong move when it came to GC and the other people made a smarter move.. so don't cry on that.. if you wish to cry .. cry for the labor substitution rule.. it will help
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