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  • chandler_vt
    04-30 08:17 AM
    Where did you get this info? Could you please point out a reference that says so?

    You have to think about it in these terms.

    1) Say you show the experience. Then it means you were working in US while being on h4. It doesn't matter if you received salary here or not. Like say if some VP of infosys comes to US for a meeting, he is getting his salary in India. But he is here on proper visa to do his work.

    2) On the other hand, h4 prevents you from doing any kind of work while in US. Although u may still be employee of a company in other country, you CAN't work. Simple.

    Someone mentioned a British citizen gets paid in pounds while she works in Cali. See my example of Infosys VP. Its important to know which visa she has. I m sure she won't be on H4.





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  • a_yaja
    06-26 02:08 PM
    First of all even if CIR is passed someone need to interpret the section. What kind of Ban for H1b in consulting? Is it blanket ban? It is going to be very tough in reality to Ban H1b for consulting completely. There might be some options in the law.
    Agreed. As per my understanding, "consulting" as per the bill's definition is:
    1. You are working at another employer's location (or client location)
    AND
    2. You report to someone at the other employer's location (i.e. you report to someone in the client's office)

    So technically, you can still "consult" if you claim that you are reporting to your "employer" and not to someone at the client's location. And the show will go on.

    This is my understanding of the bill. There are a lot of people who disagree with my interpretation.

    Remember though, the true danger from the bill is the removal of the clause that H1B and L visa holders need not prove to the visa office that they do not intend to immigrate to the US.





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  • reddymjm
    08-10 09:53 AM
    As I mentioned in my post, I have applied for H1 in India in April,2007and got approval in August,2007.

    My Approved H1 B petition does not have change of status i.e 1-94.

    I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.

    As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.

    My question is:

    If for some reason, I have not issued H1 visa at Canada consulate,
    Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?

    Please suggest me the better approach.

    My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.

    Regards

    As you entered US on L1 after your H1B approval from India, You need to get that H1B stamped to work on H1B.
    Looks like it is a one year old H1B. You should have a valid and strong answer when the officer asks you why you did not use that then or why do you want that one stamped now.

    Best way is you can ask your H1B holder to apply for another H1B COS as the visa number is already counted against the cap. Hope fully you are not outstide the US for more than 1 year after approval.

    If you go to candian consulate and your H1B gets rejected, it is a tough route. As soon as you go to the consulate they will cancel all the existing visas. You can enter the country with an attorney withing 30 days and your company A should be able to do an L1 again or you are out of status.

    I strongly recommend you to go to your home country for the visa stamping until unless you have a US masters degree.

    Need more PM me.

    Good luck.





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  • divs09
    06-19 12:55 AM
    Hello All,
    I am contacting you regarding an Inquiry of
    " H1B Approved without I-94 and to appeal for I-290B.

    I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.

    Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
    So i don't fall under New H1 Quota, i.e H1CAP
    keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.

    On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.

    On May 21st 2009, i received a letter from USCIS
    saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.

    Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\

    Please advice me what should i do.
    If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.

    Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
    Third Query is should i apply for a new H1 and continue working.

    Please advice me on this issue.
    Hoping to hear from you Soon.
    Thanks a lot for your help,



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  • munnu77
    06-11 08:43 AM
    Wht do u mean..partially?





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  • helpfriends
    04-16 01:22 PM
    they entered on a green form and no, it is not attached to the L1A Petition approval. So, they can just leave and then get stamped coming back in?



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  • saravanaraj.sathya
    08-13 08:52 AM
    I also have LUD on my I-140 which is pending in Texas. My I-485 was sent to NSC on July 25th. I am hoping that this is something to do with the receipting of I-485.

    My case EB3 PD Jan 2004
    I40 approved TSC July 2007
    485 filed at NSC July 2nd

    LUD is 8/12/2007

    Does this mean anything ?





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  • mayhemt
    04-19 06:19 PM
    'Reform Immigration for America' is organizing nationwide March for Immigration reform in all major cities on May 1. Although I am not affiliated with this organization, I think we have similar goals towards immigration reform.

    We March for America! � May 1 March � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/march-index/)

    IV Members,
    Just wanted to bring this to everyone's attention..
    I guess theres nothing to lose by joining this march, may be couple of hours & couple of gallons of gas... (Its on weekend and no travel/accomodation worries like DC rally). I am planning to join the one in Dallas, TX. I hope to see atleast some folks there..

    Find a March � May 1 March � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/find-a-march/)



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  • tampacoolie
    06-29 11:01 AM
    My documents will reach attorney on Monday and he promised to file before July4.





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  • puvathoor
    03-14 03:27 PM
    I read at Ron Gotcher's website that Admin fix cannot recapture unused visa #s (for that one needs a congressional mandate).. Is this correct? Can someone from IV team who has had contact with legal community comment on this?

    At the same time, I think IV campaign to bring the visa recapture and other LEGAL immigration issues to the forefront is laudable. At the minimum, we have ~ 20k letters out there detailing our problems..



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  • gcseeker2002
    04-09 05:35 PM
    Good luck, atleast you are in EB2





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  • abracadabra102
    11-07 08:15 AM
    1. The 14th amendment is what this country created as a result of the civil war to end slavery. The congress-critters thinking of repealing this amendment either have forgotten their history or are evil in ways people have not understood.

    2 and 3. Expectations of a balanced budget is an excellent example of not understanding the consequences of previous policies. Either a. reduce spending or b. increase taxation.
    Neither is acceptable, but we still want a balanced budget. When I was young, I learnt these basics of supply and demand by carefully managing my pocket money. I suppose the rich congress kids never had to think like that.

    4. I don't really know enough to comment on this

    I will comment on 4.

    Estate tax is in principle a very good idea. If some one dies, a portion of that persons estate is taxed (at almost 50%) before it is distributed to whomever it was willed. This promotes re-distribution of wealth, prevents concentration of wealth in a few families. Incentivises to work and earn one's own money than depend on parents property. This estate tax was first introduced by Augustus Caesar about 2000 years ago and almost all western nations use it to varying degree. I wish this tax is imposed in India too.

    Warren Buffet and Bill Gates both support estate tax. There are some arguments against it. One argument is that if children do not have right to parents property, then society (through government) does not have that right either. This is basically a moral argument but we do many things for greater good at the cost of individual right (forcefully buying land for public works like roads etc.) and is generally accepted.



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  • anilsal
    12-20 03:21 PM
    How do you know Lou or Sen.Sessions will even consider accepting the invitation from Jon or Stephen?





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  • sbajaj80
    09-12 02:54 PM
    No news yet. No checks cashed. I'm getting really worried now. Anyone else with similar delivery info please post any updates on the status of your application here.

    Thanx!



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  • no-tec
    10-22 08:20 PM
    you insult me than ask how i make them? i made them with.umm.. like 30 pages of actionscript. dynamic imported avi masking techniques, ray traced beveled three-d modeling rendering teqniques. yoou know. the usual





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  • tinuverma
    11-09 10:18 PM
    NKAVJS, thanks for the response.
    I know what to do now



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  • number30
    03-05 07:30 PM
    It's family-based, so I believe the 245(k) act doesn't apply to me. Then again, I didn't really work because buying/selling online takes a few clicks.

    If it is through your Spouse then do not have to worry? What was period of this of this work? If it is only this year some CPA can do magic





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  • loveiv
    07-29 10:54 AM
    Did Anyone got 2 year EAD when I-140 pending? There is some stupid assumption posted on some immigration website that USCIS is issuing 2 yr EAD to approved 140 petitions only..
    Just want to confirm that.

    Did anyone get 2 year EAD when they did not file labor?

    If you think this question is stupid, and same with the above one too.





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  • sidd_k2002
    02-11 05:35 PM
    No i dont have any brothers or sisters. I am the alone child of my parents.





    needhelp!
    11-13 01:31 PM
    Thank you to all the 8 volunteers who worked for IV on Saturday.
    Thank you sw33t for making it all the way from San Antonio.





    Tantra
    07-17 03:29 PM
    Join in...



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