meridiani.planum
06-27 01:49 PM
See so many ppl getting their EADs in 15-20 days. Mine was filed in first week of May at NSC, still no news. From the LUDs, it doesn't appear anyone has touched the applications yet.
Are these fast approvals only from TSC or there r ppl from NSC who see 15-20 day approvals?
so far almost all NSC approvals I have seen are >30 days. TSC is the one with the 2-3 week turnaround time! Even at I-140, mine sat on some shelf in NSC gathering dust for almost a year, while TSC was turning those around in a few months.
Are these fast approvals only from TSC or there r ppl from NSC who see 15-20 day approvals?
so far almost all NSC approvals I have seen are >30 days. TSC is the one with the 2-3 week turnaround time! Even at I-140, mine sat on some shelf in NSC gathering dust for almost a year, while TSC was turning those around in a few months.
wallpaper than Vanessa Hudgens.
piyu7444
03-20 10:01 PM
Thanks piyu7444.
Yes there is and it is called visa portability. :)
Ok, Here's the law says about so called "transfer"
D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States;
(b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
(c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.
The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.
Further it says,
The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.
There are few other memo's on this I will try to post the links for reference
Good information but 'transfer' is a widely used word which is technically incorrect. "Transfer" never happens, its always a NEW PETITION when one switches employer or applies (through an employer) for authorization to work for new or 2nd employer. Probably 95% immigrant community including lawyers use the term 'transfer' but it is indeed incorrect.
Thanks to all who shared knowledge and pitched in.
Yes there is and it is called visa portability. :)
Ok, Here's the law says about so called "transfer"
D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States;
(b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
(c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.
The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.
Further it says,
The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.
There are few other memo's on this I will try to post the links for reference
Good information but 'transfer' is a widely used word which is technically incorrect. "Transfer" never happens, its always a NEW PETITION when one switches employer or applies (through an employer) for authorization to work for new or 2nd employer. Probably 95% immigrant community including lawyers use the term 'transfer' but it is indeed incorrect.
Thanks to all who shared knowledge and pitched in.
kshitijnt
06-24 12:15 PM
The staffer immediately asked me if I was calling about Lofgren bills.
She noted my name and number and asked me if I had contacted my local congressman as well. And then she said she will pass on the message.
She noted my name and number and asked me if I had contacted my local congressman as well. And then she said she will pass on the message.
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rheoretro
11-08 01:24 PM
can we stop "the ombudsman" from posting messages that have absolutely no logic just pasted articles from right wing media/blogs?
who is he to keep us flowing in the right direction?
I am glad someone on this site injects a daily dose of reality - half the people that post are out to lunch, anyway!
Keep it up, Ombudsman! And let the whiners whine! There seem to be too many of them, anyway. Lots of people who come up with lots of "suggestions." Mostly nonsense, anyway. And then there are some that post messages in the news article thread that are simply wrong and inaccurate. Some people are still in third grade...they believe everything that they read. And believe everything that they hear on TV or the radio. If Chris Matthews or Bill O'Reilly is your source of accurate news or objective analysis, why, even the heavens weep for you!
BTW, there are people on here who think that "The Nation" is a right-wing newspaper! How retarded is that! Katrina van den Heuvel, the editor of The Nation, is no right winger!
check out www.mediamatters.org for another healthy dose of reality checks.
who is he to keep us flowing in the right direction?
I am glad someone on this site injects a daily dose of reality - half the people that post are out to lunch, anyway!
Keep it up, Ombudsman! And let the whiners whine! There seem to be too many of them, anyway. Lots of people who come up with lots of "suggestions." Mostly nonsense, anyway. And then there are some that post messages in the news article thread that are simply wrong and inaccurate. Some people are still in third grade...they believe everything that they read. And believe everything that they hear on TV or the radio. If Chris Matthews or Bill O'Reilly is your source of accurate news or objective analysis, why, even the heavens weep for you!
BTW, there are people on here who think that "The Nation" is a right-wing newspaper! How retarded is that! Katrina van den Heuvel, the editor of The Nation, is no right winger!
check out www.mediamatters.org for another healthy dose of reality checks.
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485Mbe4001
09-12 07:01 PM
good post, I hear you loud and clear.
i too worry that for a simple issues such as visa recapture the media (dobbs) and the zelots (num usa etc.) create such a stink wonder if any CIR related reform will ever pass. We are tiny spec in immigration reform and will keep suffering because of the larger concerns. My congressman always talks about supporting legals and skilled immigrant, but when we asked him to co sponsor this bill, his staff kept waffling.
You said you dont want to get into the discussion on who is better and yet by explicitly mentioning who you think is better, it seems discussion is started :D Being a Friday evening - work slow and I cant help but jump in :)
American presidential politics are highly media driven. When I came to this country and started following politics closely (12+ years ago), initially I was fascinated by all the discussions and transparent process etc. But over the years got convinced that its all a facade - election process here is as much flawed as in a "third world" country. Election 2000 is the biggest proof. Even worse, here people are easily swayed by non-issues. Media creates hype and media creates perceptions about a candidate, real issues and concerns takes back seat most of the times. Just see now - for last couple weeks everyone is talking about a VP candidate - the power of a VP is limited but yet everyone is talking about her and almost forgot the presidential candidate of the same party. The republican favoring press wants to project her as the next savior (which unfortunately seems to be working) and whip up their cadre. The democratic favoring press wants to project her apparent inexperience etc. We may soon see who is going to win in their "spin". In general republicans are pretty good in spin stories and project an apparently dumb candidate as someone with "whom you can have a beer with" and get him elected; now they might even succeed in projecting a 30+ year senator who backs current administration as an agent of change !!?!!! and people might even fall for that argument. Of course there are spin stories on the other side too.
Anyways, whoever wins this time - I think our situation wont change much and might even get worse. As the economy get worse - it would be very difficult to get any new bill favoring us (note I am talking about EB green cards not H1B). There is already a good effort by likes of numbersusa and programmers guild to project HR5882 as if it will kills jobs. As we know HR5882 is only for recapturing unused greencards the beneficiaries of which are mostly in this country already. It should have been a completely non-controversial bill - if we can see the resistance its facing we can imagine about any other bill that propose increase of GC numbers or something such. So prospects for anything better happening is very poor irrespective of who the next president is - that's my reading on this.
i too worry that for a simple issues such as visa recapture the media (dobbs) and the zelots (num usa etc.) create such a stink wonder if any CIR related reform will ever pass. We are tiny spec in immigration reform and will keep suffering because of the larger concerns. My congressman always talks about supporting legals and skilled immigrant, but when we asked him to co sponsor this bill, his staff kept waffling.
You said you dont want to get into the discussion on who is better and yet by explicitly mentioning who you think is better, it seems discussion is started :D Being a Friday evening - work slow and I cant help but jump in :)
American presidential politics are highly media driven. When I came to this country and started following politics closely (12+ years ago), initially I was fascinated by all the discussions and transparent process etc. But over the years got convinced that its all a facade - election process here is as much flawed as in a "third world" country. Election 2000 is the biggest proof. Even worse, here people are easily swayed by non-issues. Media creates hype and media creates perceptions about a candidate, real issues and concerns takes back seat most of the times. Just see now - for last couple weeks everyone is talking about a VP candidate - the power of a VP is limited but yet everyone is talking about her and almost forgot the presidential candidate of the same party. The republican favoring press wants to project her as the next savior (which unfortunately seems to be working) and whip up their cadre. The democratic favoring press wants to project her apparent inexperience etc. We may soon see who is going to win in their "spin". In general republicans are pretty good in spin stories and project an apparently dumb candidate as someone with "whom you can have a beer with" and get him elected; now they might even succeed in projecting a 30+ year senator who backs current administration as an agent of change !!?!!! and people might even fall for that argument. Of course there are spin stories on the other side too.
Anyways, whoever wins this time - I think our situation wont change much and might even get worse. As the economy get worse - it would be very difficult to get any new bill favoring us (note I am talking about EB green cards not H1B). There is already a good effort by likes of numbersusa and programmers guild to project HR5882 as if it will kills jobs. As we know HR5882 is only for recapturing unused greencards the beneficiaries of which are mostly in this country already. It should have been a completely non-controversial bill - if we can see the resistance its facing we can imagine about any other bill that propose increase of GC numbers or something such. So prospects for anything better happening is very poor irrespective of who the next president is - that's my reading on this.
justice4all
07-21 02:05 PM
Here I want to make clear, FIFO for taking labor applications and sending ad instructions not for approving. I know depending on compilcation of cases(I think), some cases with PD 2005 get approved fast and cases with PD 2003 are taking longer. I dont know why all these mess in DOL, for taking the labor applications and sending ad instructions.
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newyorker123
05-19 03:14 PM
$100 through Paypal.
Transaction ID: 91R50089TG454100N
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sonia_sd
08-05 04:41 PM
Going back to India is not a bad option at all, but it is really subjective to each individuals about what gain we are going to get out of gaining GC or citizenship from US or Canada like settling down in these countries for good or moving back to country of origin later. In my opinion gaining citizenship from US or Canada before going back to India will be always advantageous, one future perspective these countries have bilateral agreements with other developed nations where you can travel without visa for business trip or for even jobs where you're treated differently as against India citizens(Asian origins doctors who work in UK know this difference). Its a known fact that the pay structure in Gulf countries are different based on the citizenship.
My 2 cents
kris
Country of origin: India
GC Status : Approved in 2008
Kris04,
Appreciate your realastic advise, I believe its worth one dies in canada for citizenship. I would say CANADA is a great nation and citizenship is widely respected, on top of everything you are widely allowed to any country.
Soni
My 2 cents
kris
Country of origin: India
GC Status : Approved in 2008
Kris04,
Appreciate your realastic advise, I believe its worth one dies in canada for citizenship. I would say CANADA is a great nation and citizenship is widely respected, on top of everything you are widely allowed to any country.
Soni
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go_guy123
08-21 05:26 PM
I guess it depends... I would prefer to slog with weather in Canada for 3 years and get citizenship instead of stuggling for 4-5 years with desi consultanting company to get GC. My sixth year is about to start in december 2009 and employer has told that they will not sponsor GC. I am planning to take citizen ship from Canada and then move back to India. That way, anytime I want to come back to US/Canada doors will be open. I guess, there is no right or wrong answer, its a matter of choice.
In fact, I also thought like you. I decided to do an MBA , so out of that 3 years 1.5 years were used up by my MBA.
In fact, I also thought like you. I decided to do an MBA , so out of that 3 years 1.5 years were used up by my MBA.
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priderock
05-31 03:26 PM
http://www.senate.gov/pagelayout/reference/b_three_sections_with_teasers/glossary.htm
I don't think it bodes well for anything that is sent to the Table. This Senate Language Glossary has what "motion to table" means, essentially something that senate does not want to Consider. This Amendment(1249) is said to have been ordered "to lie on the table" not sure if it is same as the motion to table. But, I think we should hope for an amendment that does not have a table associated with its status.
A MOTION TO TABLE, if adopted, permanently kills the pending matter. It also ends any further debate.used in House & Senate. (source : c-span)
Rule 11.9. Motion to lay on table(Source legis.state.la.us)
A. The motion to lay on the table shall be decided without debate.
B. When a bill or resolution is pending, an amendment to such bill or resolution may be laid on the table without prejudice to the bill or resolution then pending.
Source - Thomas:
LAY ON THE TABLE A motion to lay on the table a bill, resolution, amendment, point of order, appeal or another motion disposes of the question immediately and finally and adversely -- it kills it without a direct vote on the substance of the question. A motion to table is not debatable and is adopted by unanimous consent -- without objection -- or by majority vote. It is a "highly privileged motion" -- that is, in the order in which motions are given priority in the House, only a motion to adjourn has higher precedence than a motion to table a measure.
I don't think it bodes well for anything that is sent to the Table. This Senate Language Glossary has what "motion to table" means, essentially something that senate does not want to Consider. This Amendment(1249) is said to have been ordered "to lie on the table" not sure if it is same as the motion to table. But, I think we should hope for an amendment that does not have a table associated with its status.
A MOTION TO TABLE, if adopted, permanently kills the pending matter. It also ends any further debate.used in House & Senate. (source : c-span)
Rule 11.9. Motion to lay on table(Source legis.state.la.us)
A. The motion to lay on the table shall be decided without debate.
B. When a bill or resolution is pending, an amendment to such bill or resolution may be laid on the table without prejudice to the bill or resolution then pending.
Source - Thomas:
LAY ON THE TABLE A motion to lay on the table a bill, resolution, amendment, point of order, appeal or another motion disposes of the question immediately and finally and adversely -- it kills it without a direct vote on the substance of the question. A motion to table is not debatable and is adopted by unanimous consent -- without objection -- or by majority vote. It is a "highly privileged motion" -- that is, in the order in which motions are given priority in the House, only a motion to adjourn has higher precedence than a motion to table a measure.
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sunny1000
06-09 05:37 PM
That is right. But same country quota is there in EB system also. So in point system also 80% of people will get same quality of people as current system. But advantage is process delay will be eliminated.
Right now, in the EB based system, the employer picks the applicant, not the Federal Government. Also, under the current system, even if the country is limited by quota, it is a soft quota. No matter how you see it, the current system attracts the best and brightest and rewards only only those who are physically in this country with the GC (EB based). how can that be compared to the merit based system which you claim would attract the 80%? Any tom/dick or harry can apply from any country and get thru.
What do you mean by "process delay being eliminated"? It would take years for USCIS to come up with an easy set of rules. Again, the per country quota would kick in. It would take eternity to get a GC under the merit system. I dont see any "merit" in that.
Right now, in the EB based system, the employer picks the applicant, not the Federal Government. Also, under the current system, even if the country is limited by quota, it is a soft quota. No matter how you see it, the current system attracts the best and brightest and rewards only only those who are physically in this country with the GC (EB based). how can that be compared to the merit based system which you claim would attract the 80%? Any tom/dick or harry can apply from any country and get thru.
What do you mean by "process delay being eliminated"? It would take years for USCIS to come up with an easy set of rules. Again, the per country quota would kick in. It would take eternity to get a GC under the merit system. I dont see any "merit" in that.
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WaitingForMyGC
03-05 11:01 AM
This is what Ron Gotcher had to say about this wonderful organization:
Quote" Not even Congress has been able to rein in the INS/CIS. Repeatedly, they have passed legislation ordering the agency to produce reports on their backlogs - all of which have been ignored with impunity."
So, I think this is just another tactic to discourage people from getting the information thru FIA by charging some imaginary figure of $5k to get some basic information. This is the heights of Arrogance.
INS/CIS has become a rogue entity like Pakistan's ISI. No govt can rein it. :-)
I don't see any harm in coughing up 5k for the information which would help us all.
Count me in for the contribution.
Quote" Not even Congress has been able to rein in the INS/CIS. Repeatedly, they have passed legislation ordering the agency to produce reports on their backlogs - all of which have been ignored with impunity."
So, I think this is just another tactic to discourage people from getting the information thru FIA by charging some imaginary figure of $5k to get some basic information. This is the heights of Arrogance.
INS/CIS has become a rogue entity like Pakistan's ISI. No govt can rein it. :-)
I don't see any harm in coughing up 5k for the information which would help us all.
Count me in for the contribution.
more...
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lotsofspace
12-10 04:51 PM
I fully agree.
They may have some material education.
But Indian guys working here are third class fellows.
Arrogant, low tendencies, flase values etc.
They don't even mix with other Indians and think they are in Heaven or some thing.Don't worry if they loose their GCc.
These guys are unworthy of gettings GCs.
Best Regards
Don't make generalized comments. Are you an Indian ? If not why do you make such comments ? Did you meet all Indians ?
If you are an Indian, Do you consider yourself also arrogant, selfish third class person unworthy of a GC by your own definition ? You probably meant other Indians except you (Arrogance and selfishness by your definition) :)
They may have some material education.
But Indian guys working here are third class fellows.
Arrogant, low tendencies, flase values etc.
They don't even mix with other Indians and think they are in Heaven or some thing.Don't worry if they loose their GCc.
These guys are unworthy of gettings GCs.
Best Regards
Don't make generalized comments. Are you an Indian ? If not why do you make such comments ? Did you meet all Indians ?
If you are an Indian, Do you consider yourself also arrogant, selfish third class person unworthy of a GC by your own definition ? You probably meant other Indians except you (Arrogance and selfishness by your definition) :)
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general17
07-16 04:13 PM
I am on L1 Visa & I went to SSN office to apply SSN for my child (L-2 Visa). They refused to accept my application and they wanted Documentation from the appropriate government entity explaining the need for the SSN as per
https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203510
Please let me know what should I do next to apply for SSN.
Hi Senior Members,
Can any one answer to my previous question.
Thanks
https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203510
Please let me know what should I do next to apply for SSN.
Hi Senior Members,
Can any one answer to my previous question.
Thanks
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ash0210
11-08 04:37 PM
Immediate attention of Congress/Senate to increase GC visa numbers for Retrogressed/ALL countries needs to be set first priority in Lame Duck or new congress sessions...and we/IV have to work towords that..
CIR is a good vehicle to piggyback on, and I realize it is better to bank on a bill that is already introduced.
However it seems like asking for increase in visa numbers, or just the ability to file I-485....What does this mean - automatically it would require increase in visa numbers, and reduction in name check times, for example.
Dependents can wait to work if it is only a year. We dont need to keep renewing visas. We are not stuck to one employer.
CIR is a good vehicle to piggyback on, and I realize it is better to bank on a bill that is already introduced.
However it seems like asking for increase in visa numbers, or just the ability to file I-485....What does this mean - automatically it would require increase in visa numbers, and reduction in name check times, for example.
Dependents can wait to work if it is only a year. We dont need to keep renewing visas. We are not stuck to one employer.
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ciber.couger
09-21 11:03 PM
Hi,
I am from Jordan and I attended the rally. 4 of my friends "who are Jordanian and have their citizenships already" drove from Chicago to attend the rally, but they got lost in Baltimore. They wish all of us all the luck and they support all of us 100%:)
That have been said and as I mentioned on another threat, I know 10 people from India who work with me and promised to meet me there, but no one of them attended, and I called them before the rally at their offices and all of them were there. I am very disappointed of them.:mad:
I am from Jordan and I attended the rally. 4 of my friends "who are Jordanian and have their citizenships already" drove from Chicago to attend the rally, but they got lost in Baltimore. They wish all of us all the luck and they support all of us 100%:)
That have been said and as I mentioned on another threat, I know 10 people from India who work with me and promised to meet me there, but no one of them attended, and I called them before the rally at their offices and all of them were there. I am very disappointed of them.:mad:
more...
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pd_recapturing
09-27 10:46 PM
A good attorney should be able to get those who availed themselves of the AC21 opportunity free and clear in their green card journey. The law seems pretty clear on this to me.
This is clearly a big deal for much of the IV community, who are stuck in this process due to inadequate EB visas and inefficient immigration service center processing.
I believe this might end up needing a class action litigation (for violating AC21 law) and an immigration attorney could make a name for him/herself in the process of this case!
Witness Carl Shusterman's challenge of the USCIS's erroneous interpretation of physician NIW laws and his subsequent stature in the field.
If there are adequate numbers of you, which based on this thread there seem to be quite a few, then approaching a good lawyer to represent the group pro bono and getting this mess sorted out for good might be a consideration.
Any thoughts?
We are discussing it here. Please participate.
http://immigrationvoice.org/forum/showthread.php?t=21716
This is clearly a big deal for much of the IV community, who are stuck in this process due to inadequate EB visas and inefficient immigration service center processing.
I believe this might end up needing a class action litigation (for violating AC21 law) and an immigration attorney could make a name for him/herself in the process of this case!
Witness Carl Shusterman's challenge of the USCIS's erroneous interpretation of physician NIW laws and his subsequent stature in the field.
If there are adequate numbers of you, which based on this thread there seem to be quite a few, then approaching a good lawyer to represent the group pro bono and getting this mess sorted out for good might be a consideration.
Any thoughts?
We are discussing it here. Please participate.
http://immigrationvoice.org/forum/showthread.php?t=21716
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anu_t
06-20 08:46 AM
as per http://www.shusterman.com/, democrats are up to restore family and employment immigration and eliminate point system
that's a good news for people like me who has yet to file for Labour. Right?
that's a good news for people like me who has yet to file for Labour. Right?
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guesswho
06-02 11:10 AM
>>>
belmontboy
09-29 09:35 PM
You get what you pay for, in a way.
Not really.
I have flown most domestic airlines in this country on really cheap fares/deals and had good experiences overall.
My experience with AI was through code sharing with Singapore. And it sucked big time!
Setting aside my patriotism for a bit, the problem with Air India is it's government run. And we all know how "professional" Indian govt run agencies are.
Not really.
I have flown most domestic airlines in this country on really cheap fares/deals and had good experiences overall.
My experience with AI was through code sharing with Singapore. And it sucked big time!
Setting aside my patriotism for a bit, the problem with Air India is it's government run. And we all know how "professional" Indian govt run agencies are.
idlinginc
04-11 12:56 PM
Has your company sent a termination letter to INS? Have they paid you for your travel back to India?
I may be wrong, but I think those two are necessary for an employer to invalidate a H-1.
Does anybody know how long an H1B visa can remain valid (including grace period) after a layoff ? What I know, is an H1B technically becomes invalid the day you stop rendering your services to your employer. The firm's lawyer suggested me to file for B1/B2 visitors visa to avoid going out-of-status.
Thanks.
I may be wrong, but I think those two are necessary for an employer to invalidate a H-1.
Does anybody know how long an H1B visa can remain valid (including grace period) after a layoff ? What I know, is an H1B technically becomes invalid the day you stop rendering your services to your employer. The firm's lawyer suggested me to file for B1/B2 visitors visa to avoid going out-of-status.
Thanks.
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