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guyfromsg
08-21 08:57 PM
Hi,
My 6th year H1 expires in Feb'07 and company is ready to apply 7th year extension using premium processing. Assuming I get H1 extended by Oct 1st and travel to India in Nov for 2 weeks, is there a problem in coming back with old visa.
Since the appointments are full for the next 6 months I don't have any realistic chance of getting new stamping done during the trip. I know traveling while extension is pending is a big NO NO but if extension is approved am I allowed to use the old visa stamp?
thanks in advance
My 6th year H1 expires in Feb'07 and company is ready to apply 7th year extension using premium processing. Assuming I get H1 extended by Oct 1st and travel to India in Nov for 2 weeks, is there a problem in coming back with old visa.
Since the appointments are full for the next 6 months I don't have any realistic chance of getting new stamping done during the trip. I know traveling while extension is pending is a big NO NO but if extension is approved am I allowed to use the old visa stamp?
thanks in advance
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ricky26
02-04 05:53 AM
my self (h1 holder) and my spouse (h4 holder) currently out of country. 485 approved for h1 holder. but AOS is still pending for h4 holder. H4 holder does not have AP.
What happens at POE ? We both have valid h1 and h4 stamping but no AP. are we allowed to re-enter on H1 and H4 ?
Please help.
What happens at POE ? We both have valid h1 and h4 stamping but no AP. are we allowed to re-enter on H1 and H4 ?
Please help.
eb3retro
01-29 02:26 PM
I would anticipate EAD to be processed in max of 3 months and AP in 2 months.
Would also add a buffer of 2 weeks (just in case).
Thanks Krishna...
Would also add a buffer of 2 weeks (just in case).
Thanks Krishna...
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bzuccaro
11-08 04:40 PM
H-1B Visa Employer that Does Not Effect a �bona fide termination� under the H-1B provisions Liable for back wages to H-1B Employee.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
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Tarang
12-27 10:03 AM
I had the same problems 3 weeks back for B'bay. We had to submit all papers atleast 5 days in advance to VFS office in Ahmedabad. They refused to accept my papers. I had to cancel that application and submit a new one with Regular H1B instead of Visa Renewal. Luckily, VFS accepted my application papers which i sent to my relatives in email. I signed the papers once i reached consulate.
kalinga_sena
02-26 03:26 PM
I think most the news that H1B's are turned back @POE are not ture. My wife just got her second H1B stamped at kolkotta embassy ( end of jan) and we came back through JFK on Feb 14th. I am on my second H1B. Not a single question was asked. Again Not a single question was asked for first time. Before they used to ask the name of the employer or ur position. We both are permanent employees for a big company ( think of iPhone) and done our MS here. based on my recent experience I do not see any problem with you.
Thanks.
Thanks.
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arihant
05-03 04:12 PM
I got my 45 day letter last month. The letter came to the Lawyer's office who faxed it to HR. HR director signed it and returned it to the lawyer who then posted it back to BEC. I looked at a copy of this letter. It is very straight forward. It only requires the attention of employer and/or lawyer. The employee does not figure into it at all. So, follow up with employer (HR) and your lawyer about it. But do not delay. If BEC does not receive a response within 45 days they will mercilessly close the case. So, beware!
Hope this helps answer your question.
Hope this helps answer your question.
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yabadaba
10-03 03:31 PM
lets do this. been a while.
let the brickbats rain from those who want me to go to vatica and eat thali :D
let the brickbats rain from those who want me to go to vatica and eat thali :D
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vgayalu
02-09 08:42 PM
I did not understand any thing about it.
Can somebody explain how it helps regular EB2 and EB3 folks please ?
Can somebody explain how it helps regular EB2 and EB3 folks please ?
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gk_2000
11-05 04:55 PM
And suppose it was rejected, is it possible to proceed with a class action?
We have nothing to lose by this..
We have nothing to lose by this..
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nkavjs
09-05 03:53 PM
if this helps any one:
My 485 filled on July 2nd @ NSC Received at 11:11 AM - No check cashed and no info.
140 Approved from TSC last year.
EAD is self-filed later on Aug 14th @ NSC with USPS tracking# proof.
But EAD check cashed today from NSC (LIN#)
It's crazy. What I can say more.
Hi all : After talking to an IO, I discovered that using my name and DOB, they could only trace my application till I-140. They couldn't see any applications for I485/EAD/AP for myself and my husband. Huh.. weird.. What should I infer from this so-called drama. What should be my next move? Pls. advise.
My attorney gave me a FEDEx tracking number, which states it was recd. by j. Barrett (NSC) on 2nd July. My application was complete with all different checks and all original medicals for me and my husband.
This is ridiculous. Does it mean, NSC has lost my application (s)? I see LUD as of 8-5-07 on my approved I-140 number as per USCIS website? What does that mean? Gee. This is crazy.
Thanks if anyone can help me figure out this mystery.
goodluck folks
Rph
My 485 filled on July 2nd @ NSC Received at 11:11 AM - No check cashed and no info.
140 Approved from TSC last year.
EAD is self-filed later on Aug 14th @ NSC with USPS tracking# proof.
But EAD check cashed today from NSC (LIN#)
It's crazy. What I can say more.
Hi all : After talking to an IO, I discovered that using my name and DOB, they could only trace my application till I-140. They couldn't see any applications for I485/EAD/AP for myself and my husband. Huh.. weird.. What should I infer from this so-called drama. What should be my next move? Pls. advise.
My attorney gave me a FEDEx tracking number, which states it was recd. by j. Barrett (NSC) on 2nd July. My application was complete with all different checks and all original medicals for me and my husband.
This is ridiculous. Does it mean, NSC has lost my application (s)? I see LUD as of 8-5-07 on my approved I-140 number as per USCIS website? What does that mean? Gee. This is crazy.
Thanks if anyone can help me figure out this mystery.
goodluck folks
Rph
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martinvisalaw
12-16 05:14 PM
i hv an approved I-140 thru employer A (my current employer). so i am eligible for 3 yrs H-1B extension. the I-140 was approved more than 6 months ago.
You are only eligible for a 3-year extension (assuming you have less than 3 years left of your initial 6-year stay) if your I-140 is approved AND your priority date is backlogged.
once my H-1B extn is approved for 3 yrs, i want to xfr my H-1B to employer B. in that case, if employer A revokes the I-140, then what happens to my H-1B extn? does that become null and void?
No, but you cannot use that I-140 to get another H-1B extension.
pls. note that I-485 is not filed, so i cannot invoke AC-21.
You are using AC21 for the 3-year extension, just not the 485 portability section of AC21.
You are only eligible for a 3-year extension (assuming you have less than 3 years left of your initial 6-year stay) if your I-140 is approved AND your priority date is backlogged.
once my H-1B extn is approved for 3 yrs, i want to xfr my H-1B to employer B. in that case, if employer A revokes the I-140, then what happens to my H-1B extn? does that become null and void?
No, but you cannot use that I-140 to get another H-1B extension.
pls. note that I-485 is not filed, so i cannot invoke AC-21.
You are using AC21 for the 3-year extension, just not the 485 portability section of AC21.
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ilyaslamasse
04-28 01:51 PM
It's done with Flash. The 3d animation is done with Swift, but then Flash does all the job.
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yibornindia
08-21 01:34 PM
Bump
Already 3 other threads exists for this. Please do a search before opening threads.
Already 3 other threads exists for this. Please do a search before opening threads.
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MTsoul
08-10 01:01 AM
Yes people do.
I just got a couple of jobs about a month ago. Personally, i think posting in the "Job Seeker" section (this forum) is pointless. Go look in the "Job offers". No employer is going to look here for talent (as far as i know).
So yes, people do get jobs.
I just got a couple of jobs about a month ago. Personally, i think posting in the "Job Seeker" section (this forum) is pointless. Go look in the "Job offers". No employer is going to look here for talent (as far as i know).
So yes, people do get jobs.
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buddyinsd
09-20 02:06 AM
The subject says EB3-I (INDIA) and EB3 ROWs are posting
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ras
06-15 01:04 AM
I lost my job about a month ago with fortune company where I had my H1 and then I filed to transfer my H1 to the GC filing company. It got approved last week. They even seem to have sent the I 94 with the H1 approval.
I have a visa from the earlier company(fortune company) till dec 2009 in my passport. Do I now need to get a fresh visa again with the new (GC) company that has sponsored my H1. Or is the visa validity in my passport is good enough to work even for the new employer?
I have a visa from the earlier company(fortune company) till dec 2009 in my passport. Do I now need to get a fresh visa again with the new (GC) company that has sponsored my H1. Or is the visa validity in my passport is good enough to work even for the new employer?
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insbaby
10-31 12:23 PM
Hey guys,
Treat: Send mails: http://immigrationvoice.org/forum/showthread.php?t=22182
Trick: Just smile here but don't do anything.
I am a little kid want halloween treat not trick. Please give me some....
Is It Not Funny? It is not funny ItIsFunny!
Treat: Send mails: http://immigrationvoice.org/forum/showthread.php?t=22182
Trick: Just smile here but don't do anything.
I am a little kid want halloween treat not trick. Please give me some....
Is It Not Funny? It is not funny ItIsFunny!
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ivuser9
12-07 10:02 AM
Day1 ur h1b visa starts
HPBPoPoIII
02-26 05:02 PM
is this ok for my 1st project :) ?
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...defenitly need to learn how to do a pre loader .;./
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03-06 03:00 PM
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