ramaonline
02-02 05:21 PM
Both L1 and H1 visa holders pay taxes just like any othe US Citizen
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NKR
03-28 08:06 PM
Job is never guaranteed ..so watch out !! I agree it is highly personal - so if you can and have purchased it --good for you. I was giving my opinion and also to educate about the myth that home is a great investment ..it is not ..it is just a place to live..and so is an apartment..I guess both have advantages and disadvantages ..
to answer yr question on top ...do you mean to say kids won't grow up in an apartment ?? I feel at v.young age they find more friends in apartments.
or do u mean to say young kids ( 2 - 6) years lead inferior lives in apartments ?? I big NO ..by renting I come home early and spend more time with kids and they love that ..now if you are able to buy house near your work then that is good for you ...but where I stay (and for many) they cannot do that because of the bubble !!
to answer yr other post ..actually you should have framed it this way ...would I buy an house if I get green card (SINCE I BELIEVE I WILL GET GC BEFORE PRICES GO UP ..i.e. with in next 2 years). my answer ..
if I get GC ..yes ...irrespective of price going up or not ..within a period of 6 months after getting GC, I would buy house ..credit is good and have downpayment.
on EAD and I need more space ...(I would need extra space only when my son grows up and he needs his own space and room)..before this happens I believe I would get a GC ..if I don't get GC then I would try to rent a home.
EAD and don't need 2000 sq feet (i.e. sons are still small) ..then I would continue to rent (and watch the falling prices !! and perhabs thank USCIS just for this i.e. preventing me from buying a house at inflated prices !!).
You keep mixing up things, You are both for/against in your own post. On one hand you say that apartment is good for kids since they find other kids to play with, on the other hand you say that if you get a GC, you will buy a house within six months. So what exactly are you trying to tell. If the market is good, is buying a house good thing or bad thing.
Home might not be a great investment, after a couple of years it becomes a necessity. Living in a house is not a great thing, nor living in an apartment is less pleasant. Like I have said it all depends on one�s situation and what one wants. A person and his/her family including kids should be happy wherever they are, it�s all that matters.
to answer yr question on top ...do you mean to say kids won't grow up in an apartment ?? I feel at v.young age they find more friends in apartments.
or do u mean to say young kids ( 2 - 6) years lead inferior lives in apartments ?? I big NO ..by renting I come home early and spend more time with kids and they love that ..now if you are able to buy house near your work then that is good for you ...but where I stay (and for many) they cannot do that because of the bubble !!
to answer yr other post ..actually you should have framed it this way ...would I buy an house if I get green card (SINCE I BELIEVE I WILL GET GC BEFORE PRICES GO UP ..i.e. with in next 2 years). my answer ..
if I get GC ..yes ...irrespective of price going up or not ..within a period of 6 months after getting GC, I would buy house ..credit is good and have downpayment.
on EAD and I need more space ...(I would need extra space only when my son grows up and he needs his own space and room)..before this happens I believe I would get a GC ..if I don't get GC then I would try to rent a home.
EAD and don't need 2000 sq feet (i.e. sons are still small) ..then I would continue to rent (and watch the falling prices !! and perhabs thank USCIS just for this i.e. preventing me from buying a house at inflated prices !!).
You keep mixing up things, You are both for/against in your own post. On one hand you say that apartment is good for kids since they find other kids to play with, on the other hand you say that if you get a GC, you will buy a house within six months. So what exactly are you trying to tell. If the market is good, is buying a house good thing or bad thing.
Home might not be a great investment, after a couple of years it becomes a necessity. Living in a house is not a great thing, nor living in an apartment is less pleasant. Like I have said it all depends on one�s situation and what one wants. A person and his/her family including kids should be happy wherever they are, it�s all that matters.
like_watching_paint_dry
07-16 10:10 AM
Don't yell at me. I agree with most of you guys. I am also a masters degree holder from a US university and waiting for my GC and I think the body shops created most of the bad reputations for the h1-bs. Even though some of you say it is a small percentage, I disagree. If we also push for some h1-b reform, may be we can get what we want. Usually a bill develop as a package.
Some one asked for the name of a body shop. I could provide that if you think there will be some action against them.
If you go to anti-H1-b sites, They are displaying things like, Advertisements listing H1-b available for a number of US cities. These are ads taken from body shops. The anti-h1-b sites use this as a propaganda. I think it hurts all of us. :D
If you hold an advanced degree from a good school in the US, then you are usually one of the most sought after professionals in this country. If you think you are not among the best and the brightest and you deserved to end up in a hole like the one you are talking about, the least you still do is keep your self respect and abide by the laws.
You can definitely help by initiating action against the offending body-shop guy. DOL/CIS have stepped up enforcement and are going after such violators. It is not legal to "bench" an employee and not pay the offered wages or pay below the prevailing wage specified in the Labor Condition Application form filed by your employer. I'm not sure but I've probably read that asking the employee to pay the immigration processing costs is not legal either.
DOL/CIS has forms for reporting these kind of violators. If you do not do this, that same body shop will do the exact same thing to the next person tomorrow. And that next guy could be your younger brother or sister.
You can use these forms and file a complaint:
http://www.dol.gov/esa/forms/whd/WH-4.pdf
http://www.usdoj.gov/crt/osc/htm/charge.htm
Some one asked for the name of a body shop. I could provide that if you think there will be some action against them.
If you go to anti-H1-b sites, They are displaying things like, Advertisements listing H1-b available for a number of US cities. These are ads taken from body shops. The anti-h1-b sites use this as a propaganda. I think it hurts all of us. :D
If you hold an advanced degree from a good school in the US, then you are usually one of the most sought after professionals in this country. If you think you are not among the best and the brightest and you deserved to end up in a hole like the one you are talking about, the least you still do is keep your self respect and abide by the laws.
You can definitely help by initiating action against the offending body-shop guy. DOL/CIS have stepped up enforcement and are going after such violators. It is not legal to "bench" an employee and not pay the offered wages or pay below the prevailing wage specified in the Labor Condition Application form filed by your employer. I'm not sure but I've probably read that asking the employee to pay the immigration processing costs is not legal either.
DOL/CIS has forms for reporting these kind of violators. If you do not do this, that same body shop will do the exact same thing to the next person tomorrow. And that next guy could be your younger brother or sister.
You can use these forms and file a complaint:
http://www.dol.gov/esa/forms/whd/WH-4.pdf
http://www.usdoj.gov/crt/osc/htm/charge.htm
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NKR
04-14 03:37 PM
Where do you get the idea that the child will loose the life in apartments and then get back after buying a house?:confused:
Unfortunately time will never move in reverse and will move in just one direction. A childhood gone is gone. It will never come back. We all want good things for our kids. My perception of good thing is different from yours. If my kid says that he wants to live in an apartment I will move to an apartment, that�s a given.
It would be nice if we can buy the house on the day one when we join the job. Or even nicer if our parents got us a house in US before we came here:D.
Unfortunately there are circumstances that prevent us buying a house. The biggest one is this bubble and the madness of multiple bidding that insanely pushed the real estate prices, all the while the realtors and mortgage brokers where making 300K or 500K yearly income selling shoe boxes for half a million and generating slogans like "you will be priced out forever", "they are not manufacturing any more land", "housing is always a good investment", "renting is throwing away money".
Agreed. The decision to buy rests on an individual and to his/her situation, no one wants to buy when things are not conducive.
Unfortunately time will never move in reverse and will move in just one direction. A childhood gone is gone. It will never come back. We all want good things for our kids. My perception of good thing is different from yours. If my kid says that he wants to live in an apartment I will move to an apartment, that�s a given.
It would be nice if we can buy the house on the day one when we join the job. Or even nicer if our parents got us a house in US before we came here:D.
Unfortunately there are circumstances that prevent us buying a house. The biggest one is this bubble and the madness of multiple bidding that insanely pushed the real estate prices, all the while the realtors and mortgage brokers where making 300K or 500K yearly income selling shoe boxes for half a million and generating slogans like "you will be priced out forever", "they are not manufacturing any more land", "housing is always a good investment", "renting is throwing away money".
Agreed. The decision to buy rests on an individual and to his/her situation, no one wants to buy when things are not conducive.
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Saralayar
08-05 11:14 AM
What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....
Well said. But in a little rude way.
Well said. But in a little rude way.
axp817
04-07 01:28 PM
I wonder what the chances are, of this passing and becoming Law and CIR not passing.
Anyway, I am going to/already have started spreading the word, and will continue to support IV through funds and other means to help prevent this from happening.
Anyway, I am going to/already have started spreading the word, and will continue to support IV through funds and other means to help prevent this from happening.
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pranju
05-29 09:00 PM
Donot forget to send the webfax :)
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gcisadawg
12-22 02:37 AM
If that's what your experience has been, its good news.
Overall, my experience has been completely opposite but if most Pakistanis are anti-terrorism as you say, half the battle is already won. I am also beginning to a get a sense that this has embarrased lot of muslims....and its set them thinking.
However, how do you propose we bring the terrorists to book? Attack Pakistan? Bomb the terrorist camps out? Wait for another attack to happen, wait for your own family in Mumbai to be wiped out? And exchange hateful words on IV? Release the terrorists in exchange for political hostages or fedd them dal, chapatis in Indian prisons?
Justice doesn't come magically or does it?
Well, one thing I can think of is how we treat the dead terrorists. In case of Parliament, Ashkardam and Mumbai attack, security forces killed the terrorists while they were killing innocents. As usual, Pakistan disowned them.
Publicise very very heavily and spread the word that these dead bodies would be given non-islamic burial. Hit where it hurts them...After giving non-islamic rites, spread the word that next terrorist that gets killed would get more drastic treatment.
BUT ensure that this treatment would be only for the foreign terrorists who are killed by security forces while doing their act and that are disowned by their country. It can be easily misused also. This should ONLY be done if nobody claims ownership of the body.
The story we hear about Kasab is that he was a looser and a petty criminal who was brainwashed. If he and his ilks are willing to get brainwashed religiously then they can not discount the effect of propaganda about non-islamic rites for their dead body and possibly it might deter them from taking that ultimate step.
Take a survey among the Muslims in Bombay to see if they support giving non-islamic rites for the 'orphaned' dead terrorists. I'm sure most of the sensible Muslims are outraged and they would agree to it especially after seeing what they saw on the TV. Before the killer's gun, there is no religion but only the intention to kill.
Overall, my experience has been completely opposite but if most Pakistanis are anti-terrorism as you say, half the battle is already won. I am also beginning to a get a sense that this has embarrased lot of muslims....and its set them thinking.
However, how do you propose we bring the terrorists to book? Attack Pakistan? Bomb the terrorist camps out? Wait for another attack to happen, wait for your own family in Mumbai to be wiped out? And exchange hateful words on IV? Release the terrorists in exchange for political hostages or fedd them dal, chapatis in Indian prisons?
Justice doesn't come magically or does it?
Well, one thing I can think of is how we treat the dead terrorists. In case of Parliament, Ashkardam and Mumbai attack, security forces killed the terrorists while they were killing innocents. As usual, Pakistan disowned them.
Publicise very very heavily and spread the word that these dead bodies would be given non-islamic burial. Hit where it hurts them...After giving non-islamic rites, spread the word that next terrorist that gets killed would get more drastic treatment.
BUT ensure that this treatment would be only for the foreign terrorists who are killed by security forces while doing their act and that are disowned by their country. It can be easily misused also. This should ONLY be done if nobody claims ownership of the body.
The story we hear about Kasab is that he was a looser and a petty criminal who was brainwashed. If he and his ilks are willing to get brainwashed religiously then they can not discount the effect of propaganda about non-islamic rites for their dead body and possibly it might deter them from taking that ultimate step.
Take a survey among the Muslims in Bombay to see if they support giving non-islamic rites for the 'orphaned' dead terrorists. I'm sure most of the sensible Muslims are outraged and they would agree to it especially after seeing what they saw on the TV. Before the killer's gun, there is no religion but only the intention to kill.
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ilwaiting
04-09 11:46 AM
Yes you are correct. Employee has nothing to do with the Abuse. More over most of the employers have nothing to do with the abuse as well. Lawmakers must get their facts straight before imposing such foolish laws.
Pete, I am myself a manager at a leading company and do not fit into the typical "consultant" profile.
That does not mean I want more shackles on myself because I feel someone is abusing the system. If someone (employers) are abusing the system, go after them - why do you want to go after the employee who, in a lot of cases, has nothing to do with the abuse?
In fact, if this bill passed in its current form, it will probably not affect me but I will still oppose the bill - why, because it goes against my fundamental belief of freedom of movement. If the senators want to reform the system, may I ask
1. Why prevent H1Bs from joining legitimate consulting companies such as Deloitte, IBM, BCG etc
2. Why should H1B's pay Social security and medicare when they are "temporary" and do not get a dime back?
Think of the bigger picture and then about your own objectives - I am sure you are a well educated person and you will understand the consequences of arbitrary decision making based on vested interests.
Pete, I am myself a manager at a leading company and do not fit into the typical "consultant" profile.
That does not mean I want more shackles on myself because I feel someone is abusing the system. If someone (employers) are abusing the system, go after them - why do you want to go after the employee who, in a lot of cases, has nothing to do with the abuse?
In fact, if this bill passed in its current form, it will probably not affect me but I will still oppose the bill - why, because it goes against my fundamental belief of freedom of movement. If the senators want to reform the system, may I ask
1. Why prevent H1Bs from joining legitimate consulting companies such as Deloitte, IBM, BCG etc
2. Why should H1B's pay Social security and medicare when they are "temporary" and do not get a dime back?
Think of the bigger picture and then about your own objectives - I am sure you are a well educated person and you will understand the consequences of arbitrary decision making based on vested interests.
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Beemar
12-26 10:56 PM
Looks like India is employing a cold start strategy. In the first phase of operations, Indian Air force will strike LeT camps in Muridke and Muzaffarabad and then ask Pakistan to refrain from taking retaliatory action. The onus will be on Pakistan to take the decision regarding further escalation of hostilities.
Interesting to see how Pakistan will respond to such a move.
Interesting to see how Pakistan will respond to such a move.
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funny
09-26 02:34 PM
Do you think that It will effect everyone who is already waiting....I my personal opinion, the Point based system will be implemented to the new applications and not the pending ones...These applications are already in the Last stages why would they spend time and resources on these all over again...but again this is my personal opinion
hot star of ABC#39;s “Ugly Betty.
Sakthisagar
07-28 03:27 PM
Frankly he has a lot more serious problems to worry about than our issues. from the backlog, we are around 0.25 million and you have 300 million people in this country and 10% of them unemployed. So yeah, blame him all you want but any sane politician in his position would do the same.
Let's consider this for example. Imagine you were in India and you had a few 100,000 decently skilled immigrants from some other country, who were waiting for their green card. Now you are the PM and you have to choose your focus between fighting terrorism, fighting inflation, high budget deficits with healthcare costs, high unemployment rate or giving green cards to these 100,000 people. I would think there would be a lot of pissed off countrymen in India who would scream at you when you are ignoring real issues and focussing instead on giving green cards to foreigners especially when you already have a sky high unemployment rate. Wouldn't be a great political strategy, would it? But maybe you would still do it, perhaps if you have a vested interest in getting it done.
Still, next year you can bet that he'll do something on immigration since the states have started legislating on their own now and they can't afford this to continue.
hahaha If one is a PM of India??? woooooh that will be funny, any PM will ask the permission of Madam the congress president What to do? and whatever uneducated madam says that will be done., dont ever ever dare to compare India and USA. dont compare apple with oranges.
And the President should never wait for Illegal immigrants to pass Legal Immigration. In USA immigration means it is Legal. not illegal. He is playing politics with every one. Please understand that. The US unemployment on Tech sector is only around 3 % that is not a big issue. They can very well give EB immigrants green card. If you are fascinated or halloweened by The Presidents personality no one can help you. Like in India people blindly worship their party leaders or PM or Madam for that matter.
Let's consider this for example. Imagine you were in India and you had a few 100,000 decently skilled immigrants from some other country, who were waiting for their green card. Now you are the PM and you have to choose your focus between fighting terrorism, fighting inflation, high budget deficits with healthcare costs, high unemployment rate or giving green cards to these 100,000 people. I would think there would be a lot of pissed off countrymen in India who would scream at you when you are ignoring real issues and focussing instead on giving green cards to foreigners especially when you already have a sky high unemployment rate. Wouldn't be a great political strategy, would it? But maybe you would still do it, perhaps if you have a vested interest in getting it done.
Still, next year you can bet that he'll do something on immigration since the states have started legislating on their own now and they can't afford this to continue.
hahaha If one is a PM of India??? woooooh that will be funny, any PM will ask the permission of Madam the congress president What to do? and whatever uneducated madam says that will be done., dont ever ever dare to compare India and USA. dont compare apple with oranges.
And the President should never wait for Illegal immigrants to pass Legal Immigration. In USA immigration means it is Legal. not illegal. He is playing politics with every one. Please understand that. The US unemployment on Tech sector is only around 3 % that is not a big issue. They can very well give EB immigrants green card. If you are fascinated or halloweened by The Presidents personality no one can help you. Like in India people blindly worship their party leaders or PM or Madam for that matter.
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satishku_2000
01-29 03:18 PM
You should have asked your coworker , why he did not leave when the demand was low for tech workers (from 2001 to 2003 ) ...............:)
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nojoke
04-08 05:35 PM
Apart from location, area, school district and population etc,
If you think the price of a house that you are looking to buy has come down to 2002 or 2003 price range, then i think you can buy. If not then one should wait.
What do you guys think?
The price may be right if it goes to 2002 level. But the way the economy is heading, I will wait for things to become more clear...
It is not just happening in US. The housing crash started in Europe(UK in particular). It is going to be a mess and blood bath for a year or 2.
If you think the price of a house that you are looking to buy has come down to 2002 or 2003 price range, then i think you can buy. If not then one should wait.
What do you guys think?
The price may be right if it goes to 2002 level. But the way the economy is heading, I will wait for things to become more clear...
It is not just happening in US. The housing crash started in Europe(UK in particular). It is going to be a mess and blood bath for a year or 2.
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krishna.ahd
01-07 07:00 PM
cooooool
What a relief from these immigration issues
Calm down guys , pleeeeeeeeeeeeeeaaaaaaaaaaaaaassssssssssssssseeeee eeeeeeeeee
What a relief from these immigration issues
Calm down guys , pleeeeeeeeeeeeeeaaaaaaaaaaaaaassssssssssssssseeeee eeeeeeeeee
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Pagal
06-05 03:00 PM
This is your justification for renting? ....Which is why you will always be paying owners like me for a roof to live under.
Hello ValidIV,
Good for you that you are making some money off the real estate investments....but why generalize?
The right decision on whether to buy or rent depends on many factors including your financial capabilities, location, taxation and future plans.
For some, renting makes financial sense, for others buying! :)
Hello ValidIV,
Good for you that you are making some money off the real estate investments....but why generalize?
The right decision on whether to buy or rent depends on many factors including your financial capabilities, location, taxation and future plans.
For some, renting makes financial sense, for others buying! :)
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dpp
05-17 10:03 AM
I am not saying everyone else are less skilled that me. Read my posts please. Nor am I saying everyone are less honest than me. I am saying that people applying for an H-1B without having a FULL-TIME JOB from day 1 are DISHONEST.
Everybody who employs H1B is on FULL-TIME JOB only. There is no exception to that. But the employer can ask his employee to goto any client place to perform the work that the company agreed upon, that is in between the employer and client/third-party vendor. There is nothing to deal with H1B here. H1Bs are always work on a FULL-TIME JOB only with their employer. I don't know what is your problem? You are misleading H1B program on how it works.
Everybody who employs H1B is on FULL-TIME JOB only. There is no exception to that. But the employer can ask his employee to goto any client place to perform the work that the company agreed upon, that is in between the employer and client/third-party vendor. There is nothing to deal with H1B here. H1Bs are always work on a FULL-TIME JOB only with their employer. I don't know what is your problem? You are misleading H1B program on how it works.
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alisa
12-30 01:05 AM
If that is true, to complete the circle, you'll also see terrorist attacks, sponsored by India, on innocent civilians in Pakistan. You'll soon get a fitting reply, something which will put the lives of your mom and dad in danger and scare the hell out of them.
I think you missed my point. Which was that the 'solution' that Mr rinku1112 was suggesting, destabilizing Pakistan by funding dissident groups, is something that Pakistan already suspects India is doing. And there might be some truth to it. So, then, Pakistan would want to fund groups that would try to destabilize India.
Thats the vicious cycle.
I think you missed my point. Which was that the 'solution' that Mr rinku1112 was suggesting, destabilizing Pakistan by funding dissident groups, is something that Pakistan already suspects India is doing. And there might be some truth to it. So, then, Pakistan would want to fund groups that would try to destabilize India.
Thats the vicious cycle.
hairstyles season four of Ugly Betty,
Administrator2
01-08 04:09 PM
Thanks Refugee_New, for your response, understanding and maturity.
Lets keep all discussions civil regardless of how we feel about the subject. Thats a request for everyone.
Admin, I have responded to your message. Also please understand that it was my response to his PM using very harsh and abusive language.
Lets keep all discussions civil regardless of how we feel about the subject. Thats a request for everyone.
Admin, I have responded to your message. Also please understand that it was my response to his PM using very harsh and abusive language.
psvk
08-05 12:25 PM
This thread is causing unhealthy division between EB2 and EB3. This thread should be closed and people should concentrate on the call campaign instead on fighting each other.
Prefer to refrain from adding fuel to Sunny's reply as this thread is causing more rift than good.
Agree this thread should be closed and deleted.
Moderator: Is there any way people(ID's) don't contribute, don't get to open new threads if not posting comments( and dots too).
Prefer to refrain from adding fuel to Sunny's reply as this thread is causing more rift than good.
Agree this thread should be closed and deleted.
Moderator: Is there any way people(ID's) don't contribute, don't get to open new threads if not posting comments( and dots too).
desi3933
07-11 10:33 AM
Hi UN,
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
[COLOR="Red"]
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
[COLOR="Red"]
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
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Not a legal advice.
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