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As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
It is not so easy.
Please refer to these posts from UnitedNations on this :
Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.
Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.
I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.
Not a legal advice.
If you try to use AC21 without an approved I-140 your employer can withdraw the I-140 petition ( since it is not approved yet ) . So best wait a few months until it is approved and then merrily go the AC21 way
2011 Wink - 3D, Abstract, Cute,
EB3ROW may move also.
The movement of EB2I will be quite revealing for me. If there is quarterly spillover(which under current rules should be the case) then we might see some forward movement or at the very minimum the dates should stay put. However if there is no quarterly spillover, then with the approvals in EB2 recently, they will be hard pressed not to move dates backward somewhat.
1. Issue Receipts (Sep/October)
2. Issue EAD cards for approx 300,000 applicants? (October/November/December)
3. Issues AP for 300,000 (October/November/December)
On top of this they need to celebrate thanksgiving and christmas like every citizen. So don't expect too much from them for this year.
If at all there is some momement in EB numbers, that will happen only between Jan-March(before H1-B madness starts).
Good luck !
I think you missed a new one (in news today)
- Issue new Green Cards for 750,000 (cards without expiration dates have to be replaced)
Yep, I am more interested in the next 40 minutes when USCIS might release the inventory. :(
2010 cute smileys.
Good job MMJ.
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RD = 17th Jun 2007
ND = 18th Jul 2007
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He/she explained the actual thing later on at Murthy forum ....
Member posted July 27, 2007 09:50 AM
here are the answers...
Here are the answers...
When did you receive the receipt notice?
Yesterday from my Lawyer.
Did your checks get cleared?
I believe YES, required checks were issue from the law firm's account, No personal.
What was your receipt date on the notice?
Receipt Date is July 09th (I confirmed Online).
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april 2005 would equal a 1 year movement for India EB2 from the june bulletin.
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CNN/LOU DOBBS LISTEN TO US - DON'T SPREAD FALSE NEWS
Ifv other media picks this up, CNN may start getting worried and change its course. It is all not about lawsuits or legal, but about truth and how to expose truth.
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Could you please post who did the education evaluation for you? Was it a course by course eval?
It will also help if you could provide details on your labor certification category such as
section (203) (3) (i) or (ii) etc.. for skilled worker or professional. I believe You could also find this on your I-140 receipt notice..
'Will accept academic studies evaluated as equivalent of US Bachelors' This wording is tough to handle given that what you have is a Combination of courses evaluated as equivalent to US Bachelors, based on details provided in your post quote "I have a 3 year diploma & 1 year towards Bachelors in business" end quote.
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I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
Remember that you need to pay the entire cost of insurance from your own pocket for COBRA for whatever time you use it. Typically that's around $500 per month per person (depending upon the coverage, place, etc.). The only benefit of COBRA is that you can keep seeing the same doctor.
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In addition, I notice that many of these recruits are here not for long term jobs but for gaining enough knowledge so that those jobs can be outsourced back to the home country. That has started to make many of my American colleagues really mad. But it's the fault of the company, not these poor guys who don't have seem to have a clue what a bad deal it is until they arrive here.
Sad to say, Wipro, Infosys and the rest in their flock are no better.
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any comments on new bulletin?
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Door-to-door is a great idea! We need to do WHATEVER IT TAKES! We have the opportunity right now! Let's not let s pass!!
My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.
My wife has her own H1b valid till Dec 2008.
We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).
Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.
My wife has mentioned that she will be applying for Divorce in USA.
Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.
It takes a long time time in India.. It will be much faster depending on state.
You can withdraw your application citing the reasons. Your date is not current now, so you can wait for some time to withdraw your application.
My wife's EAD renewal was e-filed with a receipt date of june 6 th, almost 120 days, still waiting. Got biometric notice for july 1st and finished it.After 94 days called 1-800 to request expediting the case on sep. 11 th, they sent a RFE asking for I-94 copies and stating biometrics were not transmitted to them and needed information on that, along with enlarged copy of photo ID.
Responded to RFE with a receipt date of sep. 25 th and no updates till day.
Called on 9/3 asnd raised a 2nd SR for expediting. AS her EAD expired on oct.1st and was given 1 week to produce new EAD by oct 10 th by her employer.
WE were hoping for some miracle by monday:confused: