Juan28210
11-03 03:59 PM
Hi,
I'm on H1b visa. My employer refuses to pay for my medical insurance. Does anyone know if this is legal?
Thanks.
I'm on H1b visa. My employer refuses to pay for my medical insurance. Does anyone know if this is legal?
Thanks.
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Desi Unlucky
09-20 08:21 PM
Can you please post the URL (Specific URL not the home page of immigration-law) where this was discussed.
This exact issue is clearly discussed by Mathew Q&A section at www.immigration-law.com. He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.
YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.
This exact issue is clearly discussed by Mathew Q&A section at www.immigration-law.com. He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.
YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.
GC_1000Watt
01-03 02:05 AM
1> just carried the usual documents required, job letter, tax returns, I-129, LCA, Paystubs etc. I also carried whatever documentation I could find for my previous employers like experience letter, last few paystubs etc. Also original of degrees/transcripts.
2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)
3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.
4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.
5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.
It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.
Can you please let me know which website to book H1B visa interview appointment in Mexico and Canada?
And please guide me on things to keep in mind while going for stamping.
Thanks.
2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)
3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.
4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.
5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.
It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.
Can you please let me know which website to book H1B visa interview appointment in Mexico and Canada?
And please guide me on things to keep in mind while going for stamping.
Thanks.
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Vitriol
04-13 10:12 AM
Thanks a lot, people!
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ch_murthy
06-08 06:20 PM
Hi
I wanted to know how long it took for I-140 approval. I also got Labor by PERM filed in Dec05 and will be filing I-140, EB2.
Thanks
Mine filed on March 6th and got approved on May 25th.:)
I wanted to know how long it took for I-140 approval. I also got Labor by PERM filed in Dec05 and will be filing I-140, EB2.
Thanks
Mine filed on March 6th and got approved on May 25th.:)
meridiani.planum
04-06 02:34 AM
inline...
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
-- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
--what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?
>> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
--Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
-- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
Here's a link to, and info from the USCIS memo:
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
words, from the new company/employer to which someone has
ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.
agree with the rest of your post.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
-- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
--what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?
>> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
--Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
-- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
Here's a link to, and info from the USCIS memo:
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
words, from the new company/employer to which someone has
ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.
agree with the rest of your post.
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Hewa
10-13 02:54 PM
Be decent. Look good.
I've been there with a shirt and jeans, sometime shirt and trouser.
But never a tie.
I've been there with a shirt and jeans, sometime shirt and trouser.
But never a tie.
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Iamthejuggler
03-03 10:16 AM
It says traditional and scanned, or vector, so i assume PS is fine as long it's vector art.
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addsf345
10-29 02:18 PM
can anyone answer this
I know a person who had to leave his employer only after 60 days of filling his 485(not even 180 days for ac21) and still got GC.
There are thousands who already working for new employer using AC21 after 180 days.
and you are scared to death even after getting GC. Let me ask you this...are you a man or chicken?
I know a person who had to leave his employer only after 60 days of filling his 485(not even 180 days for ac21) and still got GC.
There are thousands who already working for new employer using AC21 after 180 days.
and you are scared to death even after getting GC. Let me ask you this...are you a man or chicken?
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saurav_4096
04-12 01:47 PM
Can you not reply anonymously? If you couldn't, if you respond, I don't think they would put your existing application in jeopardy if you respond truthfully. You certainly have a good reason to move and they seem to already know that.
If you are worried, why don't you wait until your H1's approved and then respond? Its never too late to report these scumbags and you would be doing a service to others who might fall trap.
If you decide to not report, I totally understand. It is fair to feel queasy with anything related to immigration here.
As letter has been addressed to me, I cannot be anonymous.
They have given three days duration for reply so waiting till H1 transfer is not option either.
If you are worried, why don't you wait until your H1's approved and then respond? Its never too late to report these scumbags and you would be doing a service to others who might fall trap.
If you decide to not report, I totally understand. It is fair to feel queasy with anything related to immigration here.
As letter has been addressed to me, I cannot be anonymous.
They have given three days duration for reply so waiting till H1 transfer is not option either.
more...
seeking_GC
09-23 06:31 PM
Thanks for this info. Would you mind sharing the fax number? Thanks in advance.
I assume you mean the fax number for NSC - it is 402-219-6171.
I assume you mean the fax number for NSC - it is 402-219-6171.
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gc_on_demand
12-05 10:24 AM
bump
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Dhundhun
10-13 04:16 PM
Visited several countries.
Whenever, visa interview was for Technical Presentations, Business Meeting and Business Development, I used purely formal dress (Black polished shoes, black/dark grey trousers, white/light blue, a good tie, appropriate hair style).
For engineering roles, business casual, casual shoes, black/grey/brown trouser (I never used jeans), shirt with light stripe/check.
For H-1B, it has been business casual as role was engineering.
I got every time visa - virtually no questions asked - almost within minutes. I faced questions like: Out of 14-15 stamiping these are only few questions asked
In US consulate Ottawa: Business Casual
Q: Why you want to go to US?
A: Some of my friends driving to NY, I want to join them for shopping
In US consulate Delhi: Business Casual
Q: Last time we gave you Visa and you did not go, why?
A: I did enough shopping before friends went to NY and so dropped the idea of going.
In US consulate Mexico: Formal
Q: Why do you need Visa Revalidation, you could have continued to work without it.
A: Company have plans to send me for business meeting in other countries.
My input and thinking is that appropriate dress helps - and in this context, I mentioned understanding of appropriate as above.
Good Luck
Whenever, visa interview was for Technical Presentations, Business Meeting and Business Development, I used purely formal dress (Black polished shoes, black/dark grey trousers, white/light blue, a good tie, appropriate hair style).
For engineering roles, business casual, casual shoes, black/grey/brown trouser (I never used jeans), shirt with light stripe/check.
For H-1B, it has been business casual as role was engineering.
I got every time visa - virtually no questions asked - almost within minutes. I faced questions like: Out of 14-15 stamiping these are only few questions asked
In US consulate Ottawa: Business Casual
Q: Why you want to go to US?
A: Some of my friends driving to NY, I want to join them for shopping
In US consulate Delhi: Business Casual
Q: Last time we gave you Visa and you did not go, why?
A: I did enough shopping before friends went to NY and so dropped the idea of going.
In US consulate Mexico: Formal
Q: Why do you need Visa Revalidation, you could have continued to work without it.
A: Company have plans to send me for business meeting in other countries.
My input and thinking is that appropriate dress helps - and in this context, I mentioned understanding of appropriate as above.
Good Luck
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kabeer_g
01-12 12:13 PM
All,
Background:
I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.
I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.
Thanks
Background:
I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.
I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.
Thanks
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javanmard
03-22 10:01 AM
Thanks B, how long did it take for u? I need to go to my home country for some urgent work, so worried a lot. was it in California service centre?
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santb1975
02-13 04:57 PM
We have to do this
Lets do it for us!
Lets do it for us!
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w000f
05-19 12:30 PM
Good information but I feel that it doesn't matter anymore. Even if your visa number is up, your application will probably still sit in a warehouse while the acting director or whomever, keeps using the FBI namecheck backlogs to blind everyone of their inefficiency. :( Frustrated to a point of numbness.
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maverick_joe
02-12 02:24 PM
I've been trying to find out the same info for a while now. Has anyone been successful trying to make use of cross chargeability? I had read sometime back that when you file for ur 485 you could provide a covering letter to say "Please consider Cross Chargeability", but isnt there a better way of doing it?
Jonty,
But the question is how do we change it when I-485 has already been applied. Is there a form for it? Or just a letter with what details attached?
Regards,
Anurag
Jonty,
But the question is how do we change it when I-485 has already been applied. Is there a form for it? Or just a letter with what details attached?
Regards,
Anurag
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txh1b
04-20 10:56 AM
In the absence of a date, it is 6 moths from admitted date, by default. You may confirm this by calling USCIS.
That is not true. There is no default assumption and call center folks have no knowledge about things.
I have first hand experience with the same scenario at the same airport and CBP said it was a good idea to come back rather than assume a 6 month stay.
That is not true. There is no default assumption and call center folks have no knowledge about things.
I have first hand experience with the same scenario at the same airport and CBP said it was a good idea to come back rather than assume a 6 month stay.
vin13
01-27 02:00 PM
Here is what my lawyer had typed for AC 21 letter
Brief description of the job offer with job titile, brief description, and salary.
A brief explanation of the company
Inform USCIS that this job is similar to the one applied for GC process and mention about using AC 21 as it has been more than 180 days since 485 was applied.
Attach copy of I-485 receipt, I-140 approval, EAD
Brief description of the job offer with job titile, brief description, and salary.
A brief explanation of the company
Inform USCIS that this job is similar to the one applied for GC process and mention about using AC 21 as it has been more than 180 days since 485 was applied.
Attach copy of I-485 receipt, I-140 approval, EAD
vineet
01-17 07:32 PM
Heard about a similar issue with the EAD for a colleague at work today. Will let you know what the company lawyers recommend him to do....
-Viny
-Viny
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