Mentol Blog's

If you are not sure if you will have a job till October 1st, 2009, you can ask your employer/lawyer to file your H1 under visa to be issued abroad category and NOT file a H1 Change of Status petition. In this case, your H1 status wont start until you go out of the country and re-enter after getting H1 visa stamped at a US consulate in your home country. This way, even if you get laid off, you can continue to stay and work here until you have a valid OPT and a job irrespective of whether your H1 is approved/revoked. But the drawback here is that, if you end up still being employed then you wont be able to start work on H1 till you re-enter with the H1 stamp. Hope this helps....
Roseball,
This is a very good alternative that you have suggested. Does this mean that i can have my full 12+17 months of my OPT, and my H1 will only start when i do the stamping in India. But in that case i would need to have the same employer at the time i enter correct? Also what if i want to change my employer after i have my H1 stamped while coming inside the country?
Thanks in advance.

sometimes, labor subs can be genuine cases as well....

What happens, once he moves to the new employer and his present employer withdraws I-140? For any subsequent H1 transfers/extensions will he will need to have an approved I-140, which is not withdrawn ?

Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet

hi..Many thanks..this is an excellent information..I was suggested to wait for the H1 Decession and then get L2 status.Good to know that we can do L2 and EAD cocurrent filing.is there any URL about this information ?? Secondly..

If i go with required documents to india and get stamped how long do u think it takes??

Every time you use your credit card they ask for photo ID.

I know! Thats why I posed this thread. Today I was buying a sandwich and when I passed my credit card the guy asked for a photo ID since I have "see ID" on the back of the card. I didnt have my passport with me so I couldn't present him anything but my student ID. He goes "thats not valid". So I told him the story and then I said "come on, if I had stolen this card do you think I would do: buy a sandwich for $7.68 or go to Tiffany's right now". He laughed and charged it :)

Mine is the same company that applied for EB2 in the first place

This is news to me also. Once my current H1 expires I'm also planning to work on EAD and change to H4. One attorney adviced me to do that so that in case something happens to our I-485, I'll be on H4 and be still on status in this country to appeal for an MTR.

Another attorney told me to just work on EAD, no need to file H4 but I can if that will give me a peace of mind.

But what this attorney described here make sense too. If working on EAD invalidates H1, it should invalidate H4 also. But then again like the OP said I have known people who were on H4 and started working when they got EAD and extended their H4.

Is it different in case its the beneficiary of the I485 thats moving to H4?
Saloni, have you gotten any more info and could you please provide the link to the memo you are talking about?

The reason why this is a grey area is because USCIS has no means of tracking whether you maintained a valid H4 status (did not work) or used your EAD (put EAD info in form I-9)from your pending I-485. So they keep extending your H4 status whenever it is requested as a supplement to primary beneficiary's H1 extension. But as with any other case, its always upto the applicant to prove his or her valid immigration status in the country. As far as the rules go, you can either be on H4 status and not work, or work on EAD and be in AOS status. Hope this helps...

thanks

Hi All,

While filling the EFile EAD, I am not really sure what should be filled under the Last question.. "Please provide information concerning your eligibility status"

I would appreciate if any of you who got their EAD through EFile answer this question.

Thanks

Very simple. Impose some kind of a tax for companies not registered in India but have employees more than 20,000. Kinda foolish to do this but I guess a small tx would get the money back.

love your posted imgae
excellent work!

an don worry im workin on some bg and hero stuff for the game as well

If you will work for a Canadian Company within US, then you need a US work visa (H-1B for example). However, in this process you will not satisfy the residency requirements for your Canadian PR. Please note that you need to live in Canada for at least 2 out of 5 year period to maintain the PR.

Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.

On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?

Lets vote guys

you know what...we should probably use the LCA weapon to our advantage to counter their arguement...Thanks Mallu for bringing that up...why didn't I think of that?:eek:
will they join hands with us ..:rolleyes:

my colleague whose 485 was mailed on june 27th had his checked cleared yesterday.

Thanks REQUIRE_GC. I am surprised that I have not received any notification when I had applied for my wife and myself on July 01.

Is this because you are EB2? You applied in NSC i assume.

NEW DELHI: India may drag the United States to the World Trade Organization , or WTO, over its decision to raise professional visa fees for an extended period and impose a 2% import levy on goods and services sold to the US government, a senior official has said.

The commerce department is studying details of the James Zadroga 9/11 Health and Compensation Act of 2010 which aims to increase visa fee and import taxes on supplies to government to set up a $4.3 billion fund for sharing the healthcare burden of those affected by 9/11 terror attack in New York.

The Senate passed the bill last week and India will soon take a decision on approaching the WTO, commerce secretary Rahul Khullar told ET on Monday.

The final bill, which is now with US President Barak Obama to be signed into law, spells more trouble for Indian industry than the one initially proposed as it imposes an additional levy of 2% on all goods and services sold by Indian companies to the US government and extends the period for higher visa fees from 2014 to 2021.

India has been trying for months to persuade its third largest trade partner to revoke the proposal to increase H1B and L1 visa fees as it could raise the cost of Indian IT companies operating in the US by $200 million annually.

"We do not rush into disputes, but beyond a point, patience does run out," Dr Khullar said, adding that it may be time for the country to explore the option of settling the issue at the WTO.

The first step would be to seek consultations with the US at the WTO on the contents of the bill and if the matter doesn't get resolved, a dispute settlement panel could be set up, the secretary said.

The 2% tax will be levied on countries that are not signatories to the government procurement agreement (GPA) of the WTO, including India.

I voted on this. But I did not see any vote for elimination of country qouta in EB immigration system. We need that topic on change.gov and should vote heavily in favour of it.

It is currently taking a long time to adjudicate MTR's ( for some more than a year or so ) . I would say file a MTR and also file a new perm labor . I suggest going with EB3 rather than EB2 since rules for EB2 are now more stricter than before along with more scrutiny and RFE's. But its your own choice.

I think the new labor would get approved before you get a response for your MTR. If they clear the original labor well and good or else you would at least have the new one .

Nice to know and good luck to all of you. Hope it helps.

Why not FedEx?