logiclife
02-15 12:03 PM
One more thing about stamping in Canada and Mexico.
The chances of getting a new H1 stamp, even if you have another H1 stamp that's expired, are very low if you have no college Education from USA.
So if you have your college degrees from outside USA, its best to go to home country for stamping. The reason is that the consulate would simply pass the buck and say "Go to your home country for stamping as we do not have qualified people to evaluate your education from India/China/whatever".
On the other hand, if you have MS, or BS from USA, then visa stamping should be a fairly easy process, unless there are other complications in your case.
Then you would have to fly directly from Canada to your home-country for stamping.
The chances of getting a new H1 stamp, even if you have another H1 stamp that's expired, are very low if you have no college Education from USA.
So if you have your college degrees from outside USA, its best to go to home country for stamping. The reason is that the consulate would simply pass the buck and say "Go to your home country for stamping as we do not have qualified people to evaluate your education from India/China/whatever".
On the other hand, if you have MS, or BS from USA, then visa stamping should be a fairly easy process, unless there are other complications in your case.
Then you would have to fly directly from Canada to your home-country for stamping.
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Blog Feeds
02-05 06:40 PM
AILA Leadership Has Just Posted the Following:
By Eleanor Pelta, AILA First Vice President
H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.
But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.
Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.
How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement�the Department of Labor�but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.
Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.
It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA�these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.
And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.
The assault on H-1B's is not only offensive, it's dangerous. Here's why:
H-1B's create jobs�statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers�this is lost when companies are discouraged from using the program.
The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India �one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
Whatever the cause of the visceral reaction against H-1B workers might be�whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy �I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
https://blogger.googleusercontent.com/tracker/186823568153827945-7575642888668204601?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html)
By Eleanor Pelta, AILA First Vice President
H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.
But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.
Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.
How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement�the Department of Labor�but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.
Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.
It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA�these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.
And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.
The assault on H-1B's is not only offensive, it's dangerous. Here's why:
H-1B's create jobs�statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers�this is lost when companies are discouraged from using the program.
The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India �one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
Whatever the cause of the visceral reaction against H-1B workers might be�whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy �I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
https://blogger.googleusercontent.com/tracker/186823568153827945-7575642888668204601?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html)
Adam
08-19 11:41 AM
nice, temp :thumb: I might have a go later as well. I doubt I'll be able to pull it off though :lol:
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viva
01-28 08:42 PM
Hi Viva, Instead of using the bank account I used teh paypal from IV homepage. Made a $20 contribution from my paypal account. Please PM me if you need the receipt number or any another information.Thnaks.
Great- It sounds like at least one person joined.....Any more takers of this pledge?>
Snowcatcher- Do you have any other friends other than bhaskar who you can convince to make a recurring contribution to IV?
Let's do this one member at a time......
Great- It sounds like at least one person joined.....Any more takers of this pledge?>
Snowcatcher- Do you have any other friends other than bhaskar who you can convince to make a recurring contribution to IV?
Let's do this one member at a time......
more...
coopheal
01-02 06:34 PM
nice....
akred's reasoning is flawed.
no way without getting a law, priority date are going to improve.
akred's reasoning is flawed.
no way without getting a law, priority date are going to improve.
ksam75
01-08 03:19 PM
Hi Gurus,
I have 2 pending I485's at Nebraska. I got EAD and AP from the first set, but nothing from the second set except the receipt notice. I'm traveling to India on my first set AP. Will I run into any problems at the port of entry since I have 2 sets of I485's pending? Any thoughts will be appreciated. Thank you.
I have 2 pending I485's at Nebraska. I got EAD and AP from the first set, but nothing from the second set except the receipt notice. I'm traveling to India on my first set AP. Will I run into any problems at the port of entry since I have 2 sets of I485's pending? Any thoughts will be appreciated. Thank you.
more...
thakurrajiv
01-22 08:35 PM
Thakur saa'b & Oil Twist thanks for the suggestions.
Rajiv did you have a loan with ICICI bank and would you please explain how big part of the payment you made that drastically reduced your payment to Rs 1200.
Please check your messages I have sent you PM as well.
Thanks,
When you make part payment you can request to keep either EMI same( reduce duration of loan) which is default or reduce EMI ( keep duration same). You can make 2 part payments. First one pay big amount and ask them to reduce EMI. Your EMI should go very low as length of loan is same.Make second part payment and then ask them to keep the EMI same. On second one if you keep balance in loan = 13 * EMI, you can best benefit !!
Rajiv did you have a loan with ICICI bank and would you please explain how big part of the payment you made that drastically reduced your payment to Rs 1200.
Please check your messages I have sent you PM as well.
Thanks,
When you make part payment you can request to keep either EMI same( reduce duration of loan) which is default or reduce EMI ( keep duration same). You can make 2 part payments. First one pay big amount and ask them to reduce EMI. Your EMI should go very low as length of loan is same.Make second part payment and then ask them to keep the EMI same. On second one if you keep balance in loan = 13 * EMI, you can best benefit !!
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imh1b
02-16 10:48 AM
Time for paid membership on this website...at least $5 a month..else, we will these kind of non-sense discussion threads...waste of time and resources (Including this message)
These time- pass threads are better than EB2 Vs EB3 threads.
These time- pass threads are better than EB2 Vs EB3 threads.
more...
ganesh_sholapur
11-08 08:29 PM
Dear all,
Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
My quires are.
1. Do i need to go for stamping in Canada or Mexico
2. Can i work for company B with my H1B approval
3. To start my new job, do my employer should change my status
4. If going for stamping do my dependents also should join me.
Actually i have very short time to make my plans , please help in finding solutions for all my quires.
With Regards
Ganesh
Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
My quires are.
1. Do i need to go for stamping in Canada or Mexico
2. Can i work for company B with my H1B approval
3. To start my new job, do my employer should change my status
4. If going for stamping do my dependents also should join me.
Actually i have very short time to make my plans , please help in finding solutions for all my quires.
With Regards
Ganesh
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forever
07-23 04:08 PM
There was no mention of travellers going out of the country without receipt notice.
more...
speddi
11-10 01:00 PM
I am planning on changing to another company but I dont have the labor certification details. All I know is, it is Software Engineer and have salary details and some basic job requirements. My I-140 is approved. If I move to another company on EAD, and if I get an RFE, how can I provide the details of same/similar employment?
Thank you,
Thank you,
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vicks_don
01-05 03:14 PM
Today morning I posted in greatandhra.com which is frequently visited by people from Andhra Pradesh in INDIA. I am expecting some more members to join over the weekend.
more...
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hoosier07
07-26 10:54 AM
Hey all! Thanks my employer has finally found the upper portion of my I-797. Now, I am all set I guess :)
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sargon
11-16 05:07 PM
This is very clear. An I-485 can not be approved unless its PD is current. So all pending I-485's remain hanging till its PD becomes current. CIS may continue processing such hanging 485 applications in the background, but its final approval is always held back till its PD becomes current again.
Rule of thumb: Door must be open (i.e. PD must be current) to get the I-485 application in, and to get it out again.
Rule of thumb: Door must be open (i.e. PD must be current) to get the I-485 application in, and to get it out again.
more...
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ilwaiting
04-28 02:26 PM
Gave my contribution
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smuggymba
11-22 07:22 PM
have a US visa stamped and has not expired, they will not let you board a plane to UK.
If you have GC, then there is no need for transit visa. If you are on AP, then you will need transit visa.
I think in the 50s and 60s, an Indian passport holder could enter the UK based on holding a commonwealth passport. Wonder why that policy changed? ;)
do we need a UK visa even if we have a valid stamped US passport?
If you have GC, then there is no need for transit visa. If you are on AP, then you will need transit visa.
I think in the 50s and 60s, an Indian passport holder could enter the UK based on holding a commonwealth passport. Wonder why that policy changed? ;)
do we need a UK visa even if we have a valid stamped US passport?
more...
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harryom
03-24 03:47 PM
I just got me H1B approval Notice and copy of I-129 petition. There is nothing wrong with approval but I notice few things and have few concerns/questions to the group if some one had similar experience in the past:
1. Passport number was not correctly typed in form I-129 (however copies passport were sent along with the forms by immigration dept)
2. My Alien number does not show up in 797A approval notice as I have pending 485.
3. The I-94# on passport card does not match with the one on new approval notice.
Now My questions is :
Do I need to get this passport#(1) typo fixed now or its ok?
Is it ok not have A# updated in H1B Approval Notice? My wife's H4 have her A#.
Do I need to get my I-94# matched with the one I had in my previous notice and A/D card stapled in passport?
All this happened due to mistakes commited by our Immigration/attorney.Now she is not ready to listen and asks me to call customer service as she thinks its not her problem.
Any suggestions/experience are apreciated.
Thanks
PD Sept 2004
I-485 pending
I-140 pending
EAD pending
AP approved
1. Passport number was not correctly typed in form I-129 (however copies passport were sent along with the forms by immigration dept)
2. My Alien number does not show up in 797A approval notice as I have pending 485.
3. The I-94# on passport card does not match with the one on new approval notice.
Now My questions is :
Do I need to get this passport#(1) typo fixed now or its ok?
Is it ok not have A# updated in H1B Approval Notice? My wife's H4 have her A#.
Do I need to get my I-94# matched with the one I had in my previous notice and A/D card stapled in passport?
All this happened due to mistakes commited by our Immigration/attorney.Now she is not ready to listen and asks me to call customer service as she thinks its not her problem.
Any suggestions/experience are apreciated.
Thanks
PD Sept 2004
I-485 pending
I-140 pending
EAD pending
AP approved
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Iak123
06-02 02:16 PM
Hi All,
Please can somebody tell me when purchasing airline tickets for my parents. Do I need to buy a open ticket valid for six months or do I have to buy a ticket with fixed dates. I am lost any help is greatly appreciated. Thanks.
Please can somebody tell me when purchasing airline tickets for my parents. Do I need to buy a open ticket valid for six months or do I have to buy a ticket with fixed dates. I am lost any help is greatly appreciated. Thanks.
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ajaykk
01-06 09:56 PM
Hi,
I and my wife got AP's issued on Feb 4th 2008 with Validity till Feb 03 2008. We went to India and I returned on March 23rd and my Wife on April 20th, so at the port of entry we entered thru AP. On I-94 and AP officer stamped "Paroled till March 22 2009" for me and "Paroled till April 19th 2009" to my wife.
Now my question is: my wife wants to visit India soon in Feb 1st week and return before April 1st week, does she need to apply for a new AP or can she use the existing AP at the POE? Would there be any issues? Please suggest.
Also, In case if she stays for long, can I apply for a new AP for her when she is in India?
Thanks in Advance.
AJ
I and my wife got AP's issued on Feb 4th 2008 with Validity till Feb 03 2008. We went to India and I returned on March 23rd and my Wife on April 20th, so at the port of entry we entered thru AP. On I-94 and AP officer stamped "Paroled till March 22 2009" for me and "Paroled till April 19th 2009" to my wife.
Now my question is: my wife wants to visit India soon in Feb 1st week and return before April 1st week, does she need to apply for a new AP or can she use the existing AP at the POE? Would there be any issues? Please suggest.
Also, In case if she stays for long, can I apply for a new AP for her when she is in India?
Thanks in Advance.
AJ
go_guy123
09-16 04:35 PM
I would say don't put too much emphasis on these kind of stories, if the CIR bill is not going to be worked on then why did the senator schedule this meeting ? just for fun ?!
View a Hearing or Meeting (http://judiciary.senate.gov/hearings/hearing.cfm?id=4057)
I am not optimistic that something will come out real soon, but at the same time, I think something will definitely happen, at least the piece meal approach
It is done mainly for PR purposes. He knew CIR wont happen. But he will now get excuse to say: I tried but the republicans didn't cooperate on health care and so we didn't get time.
Plus since CIR doesn't pass, he can go to the independents and say .....we didn't pass amnesty. He gets to play both sides.
"discussion", "debate", "study" , "meeting" these are code words for doing
nothing.
View a Hearing or Meeting (http://judiciary.senate.gov/hearings/hearing.cfm?id=4057)
I am not optimistic that something will come out real soon, but at the same time, I think something will definitely happen, at least the piece meal approach
It is done mainly for PR purposes. He knew CIR wont happen. But he will now get excuse to say: I tried but the republicans didn't cooperate on health care and so we didn't get time.
Plus since CIR doesn't pass, he can go to the independents and say .....we didn't pass amnesty. He gets to play both sides.
"discussion", "debate", "study" , "meeting" these are code words for doing
nothing.
smarth
06-02 07:56 PM
Filed in NSC and date is August 17th 2007.
EB3 - April 2004 Priority date
EB3 - April 2004 Priority date
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