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Everything posted by rangadu

  1. I saw this news on NDTV and Outlook today about "H-1B visa holder's spouse may be allowed to work in US" It seems to quote a recent White House statement that spouses of certain H1 visa holders will be allowed to work and DHS will announce rules for this purpose soon. Upon googling for any official communication on this item, all I could find was a Jan 2012 statement from DHS specifying that this is a rule being proposed. I can't find anything recent or anything more concrete. Does anyone else have better information on this? Any sources, ideally official, otherwise US based news outlets? Thanks
  2. Thanks for clarifying on the 'proposal stage' and that this may never become the law as a response to my original post. As for the usual rant on 'not so skilled or needed consultants' versus the 'skilled and really really needed' FTEs, for the life of me I cannot understand the condescending attitude some people have towards consultants. Sometimes it is good to live in the real world and not swear by theoretical explanations on why any one worth their salt should not be a consultant. To think that the main reason for a company to avoid hiring a H1B is cost of immigration processing, while the same company employing the same resources as consultants makes absolutely no sense. Consultants are usually paid more than the employee salaries+perks, and an additional premium, for the vendor so cost is never a factor, long term planning to some extent is. Looks like you are stereotyping consultants, we all know what the stereotype is, and trying to come up with explanations on why everyone should fit the stereotype one way or the other, without regard to how 'real' companies operate or w.r.t the different levels of skill sets and circumstances of consultants. I have interviewed candidates for both consulting and FTE positions, and I personally found no difference in the level of skills between the two cohorts on average. I have an inkling of why a manager decides to hire or fire a person, but have absolutely no clue about why and how 'companies' come up with rules on immigrations and hiring, some of which makes sense to me and some don't. If anyone claims that these large MNCs formulate HR rules that make perfectly logical sense to all stakeholders, then they are kidding themselves.
  3. Your main issue will be getting your passport extended before you apply for H1 extension. Not the other way round. Timelines seem to be tight. In some states getting a tatkal appointment takes two months, depending on the location, tatkal may not be an option.
  4. Driver's license is not like I-94, once issued it is valid till the date of expiry, unless revoked for other offenses, not related to your visa type.
  5. Generally, given what you wrote, neither you nor your dependents need to go for Visa stamping if you travel outside the country and return back before Apr 2014. All of you can use your existing Visas (Company A) with the new petition approval (797 of Company B) until then. Sometime before Apr 2014, apply for H4 status extension for your dependents.
  6. rangadu

    start a website while on h4

    As long as you dont get any revenue from it or incorporate the website, I dont see how it is any different from being treated as a blog. When you get your GC and try to get revenue from it, that is a different matter.
  7. rangadu

    H4 Visa expiry based on H1 Visa or 1-797 Petition?

    It depends on the 797 you use to apply for the H4 visa. You should be using your new 797 that is valid till 2016 for the H4 visa so that your spouse is eligible to get a visa up to 2016.
  8. rangadu

    H4 Stamping

    It should not matter as long as you have a valid H4 Visa stamped with a date beyond your date of entry and your new for-profit 797. It is the status that matters, whether it is for-profit or non-profit, shouldn't matter. Long ago, when I switched from a non-profit org to a for profit firm, I used my H1 visa stamped for the non-profit with a 797 from a for-profit company multiple times for entry.
  9. rangadu

    H1b Transfer

    What does your company B lawyer say about this? It's really his/her thing to worry. When you change companies, your new company will need to do all the paperwork again, that includes a new LCA. I am not a 100% sure on this, but I would be extremely surprised if your lawyer says something else.
  10. rangadu

    Type of Employer ( Profile of the Employer) query

    Hire a good attorney to do the case and you should be good. I know of atleast one case of an IT person hired by a timber cutting company and he did just fine with H1 and green card. Main things are to make sure that they have real need in your field of expertise and that they are paying you as well as any other industry for your services.
  11. rangadu

    Timeline for a new 797 approval reg.

    Given that you were already counted under the cap, you can apply anytime you have a job offer ready and employer is willing to file the petition.
  12. rangadu

    Admin processing Salary

    It is ok if you are not paid while you are outside the US.
  13. Make your folks go to Axis bank personally and pay the fee, or an easier way, make your folks pay through NEFT. NEFT payments need not be from your account, it can be from any account held in rupees, you just need to give them the correct number, (ex: TIERxxxxxx) I found NEFT to be the best option, it is automatically connected to your visa appointment account, no need to carry receipts.
  14. The photo you upload on ds-160 is of no use. They will take a photo again at the biometrics appointment. That will be clearly mentioned in the confirmation page. You can pay your fee with NEFT, you dont need to carry all the receipts then. Also, add previous W2s and H1 application packet (129,LCA) to the list of documents. Go through the traveldocs website and the info there is very clear.
  15. rangadu

    Interview Waiver Nov 2008 question

    The question is about last visa stamping date, not validity period or I 797 start date. Looks like you are good to go. In any case even if you answer No on that screen, the very next screen extends the date to 2004 with another set of mostly similar questions. I remember there is another condition which says your visa should have been valid in the last 24 months, look at it carefully.
  16. rangadu

    H4 visa issue related to H1 I129

    VOs do ask for I-129 and LCA of the principal applicant for H4 visas, not entirely sure of amendments. But in most cases, they dont ask much about clients. It depends on your company history on how much scrutiny your application will get, your company attorney would be the best bet to answer that question.
  17. rangadu

    H4 to H1 COS with expired H1

    1. Yes. 2. I guess you mean apply as cap-exempt. Yes, if your previous petion was counted in cap.
  18. Main question from VO is usually 'where are you working?' Can you answer that question truthfully in your case? If you can't, then dont go for the interview. Ofcourse, you may be tempted to equivocate in your answer and say you are still working for the client for foreseeable future, counting on the good probability that there is no client verification in your case, but I wouldn't suggest that, consequences of being caught with that lie are too huge to leave that decision to chance.
  19. Advance doc submission for Hyd Consulate has been removed last September. You dont need to submit anything3 days prior to interview, just go straight to the interview or biometrics appointment. Ofcourse call them up and confirm what I wrote above.
  20. This is a bill that has not yet passed, so changes are likely. As far as I understand from the bill, it will make it very costly for H1B dependent employers to sponsor H1Bs, but there is not enough in the bill to completely shut down the IT Services industry. And this does not impact small IT Consulting/Staffing firms which have less than 50 employees, there may be provisions like Neufeld memo that might be added to make it difficult for staffing firms, but nothing of that sort that I have seen in summaries. And the estimated start date for all this is FY2015. So, we can wait for the bill to pass, assess the final impact and change employers before FY 2015 if needed. Nothing to obsess about at this stage.
  21. rangadu

    H4 extention when out of country

    Ask your attorney to not file the H4 extension (I-539). You can do that once she is back in the country, before H4 visa expires. There is no point applying for an extension of stay when she already left the country.
  22. rangadu

    I-94 Where to surrender ?

    When I went to Canada through Detroit into Windsor, there was no US CBP agent on the way out. Canadian Border security agent collected my I-94.
  23. rangadu

    Show tax returns istead of W2

    W2 is verifiable proof that an employer has paid your salary and associated tax withholding. Tax returns, in general, are not verifiable. VO might accept it, but in general they ask for W2 first, and the question of how you filed a tax return with out a W2 will likely come up.
  24. rangadu

    Salary Issue with Old Employer

    With the punishment for not paying employees being so minor, it is no wonder so many employers get away with not paying their employees on time or in some cases not paying at all. Thanks for the info.