anandrajesh
12-05 12:46 PM
I have been US loong enough, to count on False promises. All these indian newspapers dont know what they are publishing, particularly abt things happening in US. Till i see an official announcement from any of the US Government Website i am not counting on this.
Anyways, if they can pay me back my Social Security money it would be simply great.
Anyways, if they can pay me back my Social Security money it would be simply great.
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Kitiara
02-04 05:05 AM
Methinks that next time I ought to forget an avant-garde approach and do something that doesn't look like a washed up sandcastle... :cyborg:
sandy_77
04-25 09:31 AM
Dear Administrator (Pappu)...How should I contact you. I had previously emailed at info@immigrationvoice.org (on 4/20/2008) but did not get a reply.
Thanks for all the replies guys. Believe me I have tried everything possible to try and expedite this security check process. I contacted the news channels and news papers (ones you guys mentioned and more) but no one even dared to reply. I firmly believe that most of the media in India is extremely sympathetic to US and they do not want to disturb the status quo. Otherwise what can explain this complete lack of any news coverage given the number of people who are suffering. Please also read the security clearance tracker at http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=772108581
Given the number of people who have read these forums and documented their situation, you would assume that there must be at least one news item covering this situation. There is none whatsoever. Everyone on H1B is now afraid to go out of US and most of those people who wanted to or needed to get their passports stamped are thinking again. This essentially means nobody on H1B visa should think of visiting their families and friends outside US if they already do not have a visa stamp with sufficient time. Initially I thought mostly guys with muslim names are getting stuck but now it is confirmed that if your name is Amit Kumar forget about stamping as you will have to wait for 3 to at least 8 months. I have a hindu name and so do lot of others who are stuck. The situation I think became worse since January 2008 when most visa officers were asked to apply not only PIMS checks but also TAL checks strictly. So if your are a chemical engineer, biotechnologist (unfortunately I am engineer working for a biotech company) and any other job that a Master's level student (mostly with none IT degrees, but not necessarily so) can take in US, you will have to go through TAL check since every type of advanced skills job is listed in this TAL list. How dumb can the US government departments be by issuing such a list without adequate training of the visa officers to understand what represents a threat versus what represents some advanced skills work being done in US which will allow such work to remain in US.
I am extremely worried because I don't know what will happen to this backlog when newly issued 85000 H1b professionals will go for stamping.
Guys this situation needs urgent attention since DOS has started seeing every body with an H1B as a threat to the nation and this notion has to be dispelled. I am not saying that they should not apply TAL checks, but these should be applied to only those who are working on some really sensitive technology and to determine this DOS should have a technologist to review the resume of such a person rather than an Visa Officer. DOS doesn't even respond to my emails. My last hope is the US senator from my area that my company has contacted to help. But given the experience of others at the murthy forum, even this does not shake the mighty all knowing DOS.
Thanks for all the replies guys. Believe me I have tried everything possible to try and expedite this security check process. I contacted the news channels and news papers (ones you guys mentioned and more) but no one even dared to reply. I firmly believe that most of the media in India is extremely sympathetic to US and they do not want to disturb the status quo. Otherwise what can explain this complete lack of any news coverage given the number of people who are suffering. Please also read the security clearance tracker at http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=772108581
Given the number of people who have read these forums and documented their situation, you would assume that there must be at least one news item covering this situation. There is none whatsoever. Everyone on H1B is now afraid to go out of US and most of those people who wanted to or needed to get their passports stamped are thinking again. This essentially means nobody on H1B visa should think of visiting their families and friends outside US if they already do not have a visa stamp with sufficient time. Initially I thought mostly guys with muslim names are getting stuck but now it is confirmed that if your name is Amit Kumar forget about stamping as you will have to wait for 3 to at least 8 months. I have a hindu name and so do lot of others who are stuck. The situation I think became worse since January 2008 when most visa officers were asked to apply not only PIMS checks but also TAL checks strictly. So if your are a chemical engineer, biotechnologist (unfortunately I am engineer working for a biotech company) and any other job that a Master's level student (mostly with none IT degrees, but not necessarily so) can take in US, you will have to go through TAL check since every type of advanced skills job is listed in this TAL list. How dumb can the US government departments be by issuing such a list without adequate training of the visa officers to understand what represents a threat versus what represents some advanced skills work being done in US which will allow such work to remain in US.
I am extremely worried because I don't know what will happen to this backlog when newly issued 85000 H1b professionals will go for stamping.
Guys this situation needs urgent attention since DOS has started seeing every body with an H1B as a threat to the nation and this notion has to be dispelled. I am not saying that they should not apply TAL checks, but these should be applied to only those who are working on some really sensitive technology and to determine this DOS should have a technologist to review the resume of such a person rather than an Visa Officer. DOS doesn't even respond to my emails. My last hope is the US senator from my area that my company has contacted to help. But given the experience of others at the murthy forum, even this does not shake the mighty all knowing DOS.
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sandy_77
05-09 07:36 AM
I would like to request all the senior members at IV to help us with these questions:
1. The official expected delay in visa issuance in case of extra processing is 3 weeks and the DOS has conveniently left the additional administrative processing delay open ended which in turn has left us all law abiding professional non-immigrant/immigrant workers out of our jobs, away from our families and friends and homes for an exceptionaly long time. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?
2. DOS officials refuse to inform the applicants why and where their applications are stuck and how much longer it is expected to delay. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering? Why can't the DOS come out with a bi-weekly report on how many people applied for visas, who were denied and who are referred to AAP (and how long each AAP applicant has been delayed)?
3. DOS VISA/ US immigration law does not seem to have any mechanism to protect the rights (do we have any rights or not is also a question) of those who get delayed unjustly (unjustly because they do not have any known criminal background and yet are treated like criminals). Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?
4. So many of us in the security check are getting delayed just because our names are similar to known criminals in the databases. I wonder how many people by the name of "Timothy" (of the Timothy McVeigh of oklahoma bombing fame) or other US citizens whose names are similar to people taking part in various conflicts around the world are delayed/denied entry into the country for so long because of this illogical association. Does this "similar name so you are a criminal too" policy of DOS lend itself to judicial review?
5. In many cases remember that justice delayed is justice denied (as many of us will not be able to return due to reasons such as job loss or delay beyond I-797 approved time.
Sorry for this long post but many of us have these questions in mind. If you could tell us what are the problems we can face (finances, resources, etc.) if lawsuit/class action lawsuit route is adopted it would be of great help. Are there any organizations in US who can take up our cause (such as ACLU). Even if you say that this will be a futile exercise, it will at least help us all accept our fate a little better.
Thanks in advance.
1. The official expected delay in visa issuance in case of extra processing is 3 weeks and the DOS has conveniently left the additional administrative processing delay open ended which in turn has left us all law abiding professional non-immigrant/immigrant workers out of our jobs, away from our families and friends and homes for an exceptionaly long time. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?
2. DOS officials refuse to inform the applicants why and where their applications are stuck and how much longer it is expected to delay. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering? Why can't the DOS come out with a bi-weekly report on how many people applied for visas, who were denied and who are referred to AAP (and how long each AAP applicant has been delayed)?
3. DOS VISA/ US immigration law does not seem to have any mechanism to protect the rights (do we have any rights or not is also a question) of those who get delayed unjustly (unjustly because they do not have any known criminal background and yet are treated like criminals). Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?
4. So many of us in the security check are getting delayed just because our names are similar to known criminals in the databases. I wonder how many people by the name of "Timothy" (of the Timothy McVeigh of oklahoma bombing fame) or other US citizens whose names are similar to people taking part in various conflicts around the world are delayed/denied entry into the country for so long because of this illogical association. Does this "similar name so you are a criminal too" policy of DOS lend itself to judicial review?
5. In many cases remember that justice delayed is justice denied (as many of us will not be able to return due to reasons such as job loss or delay beyond I-797 approved time.
Sorry for this long post but many of us have these questions in mind. If you could tell us what are the problems we can face (finances, resources, etc.) if lawsuit/class action lawsuit route is adopted it would be of great help. Are there any organizations in US who can take up our cause (such as ACLU). Even if you say that this will be a futile exercise, it will at least help us all accept our fate a little better.
Thanks in advance.
more...
shree19772000
12-05 03:05 PM
I guess my question stems from the comment above. Say if I do not get my GC and I wish to go back after 10 yrs is it possible to get my SS money back even if I am on H1 status?
shana04
02-12 03:39 PM
I had the same soft LUD on all my cases after AC21 letter was filed. No FP yet.
Good to hear atleast some one is onthe same boat
Good to hear atleast some one is onthe same boat
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bluekayal
02-10 10:37 AM
I've sent you a pm Oguinan.
Way to go!
Way to go!
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franklin
04-13 08:44 PM
hey guys I think its OK now to call IV as Indian organization with this bulltin and per their statement there is a good chance that ROW will move ahead and we will be stuck EB3 India in particular
If you don't stop saying comments like this, you'll totally alienated people like me. It is a global issue, doesn't matter where you are from. People from all nationalities are affected. Oh guess what, it wasn't just Indian nationals who saw no movement.
Or, if you truly feel this way, I'll take my donations elsewhere, and I'll stop meeting with lawmakers on everyone's behalf.
If you don't stop saying comments like this, you'll totally alienated people like me. It is a global issue, doesn't matter where you are from. People from all nationalities are affected. Oh guess what, it wasn't just Indian nationals who saw no movement.
Or, if you truly feel this way, I'll take my donations elsewhere, and I'll stop meeting with lawmakers on everyone's behalf.
more...
dtekkedil
08-31 11:20 PM
No lies, salary cannot be raised and people on H-4 cannot work. The article is right.
What I don't get is where they got that the Sept 18 rally will see 5000 of us attending? That's way too little guys, we need at least double that!
Will we even have 5000 people??? I will be (pleasantly) surprised if we do!
Too bad most of us think this rally is a waste of time. I hope they wake up and realize that doing nothing and waiting for their GCs will be an even bigger waste of time if they lose their job 3 years down the line!
What I don't get is where they got that the Sept 18 rally will see 5000 of us attending? That's way too little guys, we need at least double that!
Will we even have 5000 people??? I will be (pleasantly) surprised if we do!
Too bad most of us think this rally is a waste of time. I hope they wake up and realize that doing nothing and waiting for their GCs will be an even bigger waste of time if they lose their job 3 years down the line!
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rockstart
07-21 09:02 AM
They are just pointing to one side of story. Yes H1B program has been massively misused by corporations and LLC's ( This includes L1 visa). Yes they have injected huge foreigh labor into US markets (till 2004 it was 120K I beleive and now it is at 80K with L1 extra).
But then there is other side of the story. Look at the competativeness of US companies due to these workers. Look at the massive amount of e-commerece, B2C and B2B commerce that was possible because of the work that these workers have done. Yes it reduced labor cost's and increased the pool of talent that employer could chose from. But then labor cost's were always conforming to DOL laws & prewailing wages for each occassion for most cases ( except few bad eggs, which I beleive was very small percentage of this program). So wages argument is not as valid as it looks if anti' s feel wages have been less they need to ask DOL to increase prevailing wages to what they feel is right but then that will make all these innovations extremely expensive and companies will face budget constraints and feel less inclined to try new things. That will make US less competative globally.
But then there is other side of the story. Look at the competativeness of US companies due to these workers. Look at the massive amount of e-commerece, B2C and B2B commerce that was possible because of the work that these workers have done. Yes it reduced labor cost's and increased the pool of talent that employer could chose from. But then labor cost's were always conforming to DOL laws & prewailing wages for each occassion for most cases ( except few bad eggs, which I beleive was very small percentage of this program). So wages argument is not as valid as it looks if anti' s feel wages have been less they need to ask DOL to increase prevailing wages to what they feel is right but then that will make all these innovations extremely expensive and companies will face budget constraints and feel less inclined to try new things. That will make US less competative globally.
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sathishkrish
11-26 05:01 PM
I don't think 15-20% drop in 5 years is speculative at least not in California. CNN Money actually predicts a 31% drop in prices in East Bay of SF Bay Area! This is probably the worst time to get into housing market, at least in CA.
But I agree with quality of life issue. Even the most luxurious apartment does not compare with a house. Having a backyard and a garage are the biggest and the best things that apartments do not have. Also, having your own house gives you a sense of belonging. Renting a house won't give you the same feeling. Also, I know more than one friend who used to rent a house but had to move out because the landlord decided to sell when the lease was over.
So apartment doesn't offer the same lifestyle and renting a home might make you move every few years involuntarily. Best thing to so for those in CA itching to live in a house would be to rent a house that the owner is very unlikely to attempt selling. Any ideas on how to determine what houses are actually just rental property and and not really targeted for sale?
How does someone know when is the right time to buy a home? Anytime is a good time to buy a home, as long as you can afford it. I thought the last few months were good time for buyers because of the inventory situation (more choices or otherwise you bid usually in CA) - I dont think anyone can predict the market situation in 5 years and no one makes money in 2 years in a good market condition as well. I bought it 2 months ago in East bay and I am planning to hold it for another five years atleast and both spouse and I work - it is certainly not an investment for us, rather a place that we live - it is a rare feeling one gets after living in exile (apartments) for many years - sigh of releif
But I agree with quality of life issue. Even the most luxurious apartment does not compare with a house. Having a backyard and a garage are the biggest and the best things that apartments do not have. Also, having your own house gives you a sense of belonging. Renting a house won't give you the same feeling. Also, I know more than one friend who used to rent a house but had to move out because the landlord decided to sell when the lease was over.
So apartment doesn't offer the same lifestyle and renting a home might make you move every few years involuntarily. Best thing to so for those in CA itching to live in a house would be to rent a house that the owner is very unlikely to attempt selling. Any ideas on how to determine what houses are actually just rental property and and not really targeted for sale?
How does someone know when is the right time to buy a home? Anytime is a good time to buy a home, as long as you can afford it. I thought the last few months were good time for buyers because of the inventory situation (more choices or otherwise you bid usually in CA) - I dont think anyone can predict the market situation in 5 years and no one makes money in 2 years in a good market condition as well. I bought it 2 months ago in East bay and I am planning to hold it for another five years atleast and both spouse and I work - it is certainly not an investment for us, rather a place that we live - it is a rare feeling one gets after living in exile (apartments) for many years - sigh of releif
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smuggymba
04-23 02:29 PM
yesetrday on CNN, AC 360, there were two latino ladies (US Citizens) and they kept saying that this bill is illegal and should be vetoed.
All latinos want other latinos to come to USA and have the numbers/political influence to get them GC's via amnesty before legal immigrants.
None of those ladies said they did not support illegal immigration, they just kept ranting about racial profiling.
All latinos want other latinos to come to USA and have the numbers/political influence to get them GC's via amnesty before legal immigrants.
None of those ladies said they did not support illegal immigration, they just kept ranting about racial profiling.
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bestia
07-17 04:15 AM
If we will get EADs, let's see who are gonna be our friends and enemies:
Lawyers. They are never our friends. If you are on H1b, then you better do every extension through the lawyer. If your H1b extension will be denied, you are in trouble. If you are on AOS/EAD cycle - you don't need a lawyer. It's a simple application. If for some reason your EAD denied (because you screwed something up in application), you will just reapply - it will not affect your status. If you will have a gap - just take leave without pay, to be formally compliant. So.. lawyers will lose, if we will all jump on EAD.
Employers. Believe me, so many consulting companies will be out of business for good, because a lot of folks will just join other companies for better salaries. It will be no more slavery, no more intimidation. For a lot of employers "f$%4 off" will be the usual thing they hear. So they won't like it.
Average American. We will be able to compete with them directly and kick them out of many positions. It's a capitalist country, and competition is a key to prosperity. It is much harder to find a job on H1B than with EAD. Yes, average American employee is undereducated and overpriced, and with a lot of demand and drama. Successful companies will love to hire us.
US government. They will like to get us on EAD, because we will start having higher salaries and will be paying higher taxes. We will start paying yearly EAD/AP fees. So, in this case DOS is on our side.
I think DOS perfectly understood that, that's why they made dates current to force USCIS give us EAD. It was no mistake. But all kinda anti-immigrant forces desperately made this impossible by more likely braking the law.
Lawyers. They are never our friends. If you are on H1b, then you better do every extension through the lawyer. If your H1b extension will be denied, you are in trouble. If you are on AOS/EAD cycle - you don't need a lawyer. It's a simple application. If for some reason your EAD denied (because you screwed something up in application), you will just reapply - it will not affect your status. If you will have a gap - just take leave without pay, to be formally compliant. So.. lawyers will lose, if we will all jump on EAD.
Employers. Believe me, so many consulting companies will be out of business for good, because a lot of folks will just join other companies for better salaries. It will be no more slavery, no more intimidation. For a lot of employers "f$%4 off" will be the usual thing they hear. So they won't like it.
Average American. We will be able to compete with them directly and kick them out of many positions. It's a capitalist country, and competition is a key to prosperity. It is much harder to find a job on H1B than with EAD. Yes, average American employee is undereducated and overpriced, and with a lot of demand and drama. Successful companies will love to hire us.
US government. They will like to get us on EAD, because we will start having higher salaries and will be paying higher taxes. We will start paying yearly EAD/AP fees. So, in this case DOS is on our side.
I think DOS perfectly understood that, that's why they made dates current to force USCIS give us EAD. It was no mistake. But all kinda anti-immigrant forces desperately made this impossible by more likely braking the law.
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matreen
08-15 04:35 PM
In the letter from the new employer include the following (start date, title, job description, salary and position type):
This letter is to verify that Mr. Cool Dude (SSN: ) has been employed by our company as a full-time employee. He has been working with us since Oct 32, 1666 as a Full Time Gamer.
Mr. Dude's primary job duties include:
Put Bulletized description here
Mr. Dude is compensated with an annual salary of $xxx,xxx. The postion is for permanent at will employment and we have continued interest in employing Mr. Dude.
I trust that this letter would assist Mr. and Mrs. Dude in adjusting their status to a permanent resident as soon as possible. If you have any questions, please do not hesitate to contact me.
Sincerely,
Joe Employer
As far as docs are concerned add the following with the EVL:
Your covering letter
AC21 Yates Memo
3 latest paystubs
I-485 receipt
that would be it ;)
Is there a way you can get me a sample letter from employer?
This letter is to verify that Mr. Cool Dude (SSN: ) has been employed by our company as a full-time employee. He has been working with us since Oct 32, 1666 as a Full Time Gamer.
Mr. Dude's primary job duties include:
Put Bulletized description here
Mr. Dude is compensated with an annual salary of $xxx,xxx. The postion is for permanent at will employment and we have continued interest in employing Mr. Dude.
I trust that this letter would assist Mr. and Mrs. Dude in adjusting their status to a permanent resident as soon as possible. If you have any questions, please do not hesitate to contact me.
Sincerely,
Joe Employer
As far as docs are concerned add the following with the EVL:
Your covering letter
AC21 Yates Memo
3 latest paystubs
I-485 receipt
that would be it ;)
Is there a way you can get me a sample letter from employer?
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sarath99
06-17 10:57 AM
Great initiative, I support this and participate in any action items..
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masterji
08-09 02:37 PM
Is there a way to receive an official answer from USCIS (may be IV can ask the question, not sure)? Or is there a law that specifically bars people to leave GC sponsoring employers? I was unable to find from the Internet. Can anyone find?
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arian2002
03-26 02:54 PM
In Florida, one has to show an EVL before they give the one year "temporary" license. I wonder what happens when your H-1B expires and your renewed H-1B has not arrived, sit at home:confused:
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Sheila Danzig
04-19 12:48 PM
It is important that everyone understand that each case is different. In this case was the 1 year of the BCom required for admission into the diploma program? Otherwise in my opinion (and anything can happen with any one adjudicator at USCIS) it souns like you are combining, which is allowed for EB3 when so stated on the Labor Cert.
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
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rsayed
12-14 03:24 AM
Guys,
Don't take it otherwise... I will NOT do anything against anybody.
That previous person (whose name was mentioned on this approved labor) already had left this employer in 2004...so there is no one getting hurt if this employer is offering me that labor.
- My question still remains : Is it necessary to go for labor substitution to use this approved labor (showing the name of old consultant)... OR ... Can it be possible to file I-140 straight with my profile against this labor....?
Hope you now understand my points & will give me sincere advises.
waiting for your help....
To answer your question - Yes, it is still required that you file your Labor. On the form (ETA 9089), which you will use to file your Labor - the very first question asks "Is this a substitution, ..." - To which, you 'check mark' the "Yes" box.
Your Labor application will be filed as PERM application - Once, your "Labor substitution" is approved - You will then file the I-140, 485 etc.
I agree with "LogicLife" - Make sure this is not a scam, else you will be in a much vulnerable position 6 months down the line.
I know the answer to your question - coz' a co-worker of mine who sits next to me, got the same thing done - while, I'm in line...waiting...:(
GOOD LUCK!!!
Don't take it otherwise... I will NOT do anything against anybody.
That previous person (whose name was mentioned on this approved labor) already had left this employer in 2004...so there is no one getting hurt if this employer is offering me that labor.
- My question still remains : Is it necessary to go for labor substitution to use this approved labor (showing the name of old consultant)... OR ... Can it be possible to file I-140 straight with my profile against this labor....?
Hope you now understand my points & will give me sincere advises.
waiting for your help....
To answer your question - Yes, it is still required that you file your Labor. On the form (ETA 9089), which you will use to file your Labor - the very first question asks "Is this a substitution, ..." - To which, you 'check mark' the "Yes" box.
Your Labor application will be filed as PERM application - Once, your "Labor substitution" is approved - You will then file the I-140, 485 etc.
I agree with "LogicLife" - Make sure this is not a scam, else you will be in a much vulnerable position 6 months down the line.
I know the answer to your question - coz' a co-worker of mine who sits next to me, got the same thing done - while, I'm in line...waiting...:(
GOOD LUCK!!!
nilcritz
12-20 01:32 PM
Hi everyone,
I read the memo in details as it directly applies to my wife's ability to work and my ability to extend H1. Here is the analysis (I have excluded L visa part). But before that, I would like to acknowledge the works of this "the" person. They dont know how much their post means to others. Thank you so much for digging this out.
1) Husband H1, wife H4 (or vice versa) in 7th year. Wife can now work on a new H1. Her H1 will be valid for a new six year period. She can start work on 1st October 2007 if this is her first H1 and is aproved.
2) If wife had old H1, and say she worked for 1 year and stopped after completing 6 years on H1+H4. She can now transfer old H1 and work for 5 more years.
3) Say, wife starts work and husband loses job. Wife is now H1 and husband is on H4 - they can continue like this till wife's H1 validity period or till the family's GC is approved.
4) Husband H1 + wife H4 in 7th year (assuming GC in progress) and leave the country and stay outside USA. Husband gets transfer back to USA OR gets a new job in USA. Husaband or wife not in any H or L status at this time. They can still use the old H1 and GC process dates to get H1 extension for old H1.
5) H1 employee worked for 2 years and left USA. At any time (not just October), he can use old H1 for transfer and continue for 4 more years OR he can opt for a new 6 year period after 1 year stay outside USA.
Other provisions are for L1/L2 (which I skipped) and for preventing fraud when a person gets H1 and parks his family in US but the person remains outside USA. The memo states that H4 members should be in USA only to accompany the H1 member (provided H1 is in USA and in valid state).
Hope this helps to all. If you have read the memo and if you have anything to add please do so. This is probably the only positive news for H1, H4, GC this year.
I read the memo in details as it directly applies to my wife's ability to work and my ability to extend H1. Here is the analysis (I have excluded L visa part). But before that, I would like to acknowledge the works of this "the" person. They dont know how much their post means to others. Thank you so much for digging this out.
1) Husband H1, wife H4 (or vice versa) in 7th year. Wife can now work on a new H1. Her H1 will be valid for a new six year period. She can start work on 1st October 2007 if this is her first H1 and is aproved.
2) If wife had old H1, and say she worked for 1 year and stopped after completing 6 years on H1+H4. She can now transfer old H1 and work for 5 more years.
3) Say, wife starts work and husband loses job. Wife is now H1 and husband is on H4 - they can continue like this till wife's H1 validity period or till the family's GC is approved.
4) Husband H1 + wife H4 in 7th year (assuming GC in progress) and leave the country and stay outside USA. Husband gets transfer back to USA OR gets a new job in USA. Husaband or wife not in any H or L status at this time. They can still use the old H1 and GC process dates to get H1 extension for old H1.
5) H1 employee worked for 2 years and left USA. At any time (not just October), he can use old H1 for transfer and continue for 4 more years OR he can opt for a new 6 year period after 1 year stay outside USA.
Other provisions are for L1/L2 (which I skipped) and for preventing fraud when a person gets H1 and parks his family in US but the person remains outside USA. The memo states that H4 members should be in USA only to accompany the H1 member (provided H1 is in USA and in valid state).
Hope this helps to all. If you have read the memo and if you have anything to add please do so. This is probably the only positive news for H1, H4, GC this year.
pappu
09-19 05:57 PM
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Q. So. What is the result after the Rally?
A. 'ImmigrationVoice has arrived' and we have made a big impact by drawing attention of the lawmakers on our issues.
If you need more answers, then you missed the opportunity by not coming to the rally. At this time, update your profile wih your contact information and we will stay in touch with you.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Q. So. What is the result after the Rally?
A. 'ImmigrationVoice has arrived' and we have made a big impact by drawing attention of the lawmakers on our issues.
If you need more answers, then you missed the opportunity by not coming to the rally. At this time, update your profile wih your contact information and we will stay in touch with you.