joydiptac
04-21 02:44 PM
Hey don't get too hasty here.
You are lucky that you are on extended LOP. Try to stay as long as you can on this. This is 100% legal. In parallel look for a job.
Here are my answers:
I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010
My spouse is on H1..can i switch over H4..
Yes but why?
> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..
so here is my dilemma::confused:
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
No. H1 has to be refiled.
b.) Can i file for H4 on my own..is it complicated?
Yes and Not complicated (I haven't done this but I have seen the application).
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
NO. Your GC is based on your employer. If you are on H4 => you are not on H1 => you are not working for the company. Therfore cannot use (AOS, is my understanding) and the same 140 to file I485. However if you start a new GC process then you should be able to breeze thru the system i.e. labor, 140 etc. That time you need to get the priority date of your previous labor since your 140 is approved - a lawyer will tell you how.
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
I don't know this one clearly. This may be possible if the company for which your 140 was applied says that they still have the position open for you.
thank you!
BTW are you from IT BHU?
You are lucky that you are on extended LOP. Try to stay as long as you can on this. This is 100% legal. In parallel look for a job.
Here are my answers:
I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010
My spouse is on H1..can i switch over H4..
Yes but why?
> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..
so here is my dilemma::confused:
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
No. H1 has to be refiled.
b.) Can i file for H4 on my own..is it complicated?
Yes and Not complicated (I haven't done this but I have seen the application).
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
NO. Your GC is based on your employer. If you are on H4 => you are not on H1 => you are not working for the company. Therfore cannot use (AOS, is my understanding) and the same 140 to file I485. However if you start a new GC process then you should be able to breeze thru the system i.e. labor, 140 etc. That time you need to get the priority date of your previous labor since your 140 is approved - a lawyer will tell you how.
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
I don't know this one clearly. This may be possible if the company for which your 140 was applied says that they still have the position open for you.
thank you!
BTW are you from IT BHU?
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laborpains
03-17 10:03 PM
First check with the school if they will allow you to attend on EAD. I'll like to know what you finally decide. I was in a similar situation 3 yrs back and decided to go part-time instead. Finished the program and my gc is still pending :(
Hope things work out well for you.
Hope things work out well for you.
Hewa
10-13 02:54 PM
Be decent. Look good.
I've been there with a shirt and jeans, sometime shirt and trouser.
But never a tie.
I've been there with a shirt and jeans, sometime shirt and trouser.
But never a tie.
2011 Jennifer Aniston Updos
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
more...
InTheMoment
08-09 09:29 PM
And how may I ask you came to this conclusion?
Any reference, link would be helpful.
This bill is mostly for aviation safety. It doesn't necessarily applies to immigrants who are applying for permanent residency.
Any reference, link would be helpful.
This bill is mostly for aviation safety. It doesn't necessarily applies to immigrants who are applying for permanent residency.
drirshad
08-08 11:16 AM
how much is 40 credits ...........
more...
checklaw
07-13 10:44 AM
My EAD and AP were receipted on June 9th from TSC. AP got approved, EAD still pending. So I guess these approvals are random.
Hi Chandu,
A quick question. Did you file AP for some anticipated travel purposes or lawyer's recommendation to simply keep extending AP also? Asking since am a 485 and EAD self filer and am looking at any recommended requirements.
BR
checklaw
Hi Chandu,
A quick question. Did you file AP for some anticipated travel purposes or lawyer's recommendation to simply keep extending AP also? Asking since am a 485 and EAD self filer and am looking at any recommended requirements.
BR
checklaw
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kminkeller
03-09 01:00 PM
Hi I am very new to this forum and actually to all the Immigration related forums. Here is what my situation is.
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
more...
GC20??
08-24 04:47 PM
any updates on status of background processing for your 485 ?
No updates yet. Though I know its useless I am taking an infopass tomorrow and will have IO open a service request.
No updates yet. Though I know its useless I am taking an infopass tomorrow and will have IO open a service request.
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immi_seeker
07-12 10:10 PM
Thanks for the responses. Will call uscis on monday.
more...
texanmom
08-31 12:58 PM
You guys are all silly! But thanks for the much needed amusement factor! I had a good laugh reading all your posts!
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john2255
07-20 02:44 PM
I am sorry to start a new thread but I feel the following thread is not getting the importance it should get. Everyone please dont miss the following thread. Its a big defeat during our celebrations.
http://immigrationvoice.org/forum/showthread.php?t=10751
Major loss to us Cornyn amendment rejected
http://immigrationvoice.org/forum/showthread.php?t=10751
Major loss to us Cornyn amendment rejected
more...
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Bpositive
01-06 05:44 AM
My wife was on OPT and working off a valid approval notice. It is a first time H1 stamping. She has a Phd in biology and therefore the 221g which includes a 'invitation letter'. The instructions are confusing. On the 221g, it asks for a scanned document and the email ack says send only .txt.
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yanj
12-14 09:38 AM
Now I am working for a company in OPT .
have 24 days GAP.
How can I do to solve it ?
have 24 days GAP.
How can I do to solve it ?
more...
pictures Post Title → Jennifer Aniston
NikNikon
May 24th, 2005, 09:21 AM
Cool, I learned something new today. I guess I knew the concept of the polarizer but had yet to learn all of the ins and outs. Thanks Josh.
Linear vs. Circular has mainly to do with whether it works with metering and autofocus sensors in modern cameras. Both polarizers rotate and function similarly (I'm not sure if there is any difference in the effect shown in the image, but I doubt it).
Anyway, an unevenly polarized sky happens not because the polarizer is not rotated properly / enough, but rather because the camera is not quite at a 90 degree angle to the sun; this uneven polarization becomes more noticeable with wide angle lenses (to a point, then as even wider lenses are used, the sky will get dark in the middle and lighter on the edges even right at 90 degrees from the sun).
Linear vs. Circular has mainly to do with whether it works with metering and autofocus sensors in modern cameras. Both polarizers rotate and function similarly (I'm not sure if there is any difference in the effect shown in the image, but I doubt it).
Anyway, an unevenly polarized sky happens not because the polarizer is not rotated properly / enough, but rather because the camera is not quite at a 90 degree angle to the sun; this uneven polarization becomes more noticeable with wide angle lenses (to a point, then as even wider lenses are used, the sky will get dark in the middle and lighter on the edges even right at 90 degrees from the sun).