royus77
07-05 07:55 PM
Hello,
I am on L1 B visa here for last 2.5 years working for MNC (Fortune 200). The benefits folks recently contacted me and told me that I was not allowed to participate in US retirement plans (401K) due to L1 visa restrictions, and that they are returning all my previous contributions and earnings back to me as an income. They said that they allowed to participate me for past 2.5 years by mistake.
My question is if this is true ? Are there other folks on L1 who are participating in 401 K plans ? what are my options here ?
PLEASE HELP.
401k is a employee sponsered retirement program .I think they can stpulate rules/regulations . Being on a L1 Visa i think they can always say they moved you on a intra company transfer and not having any intension to sponser your immigration papers ( Green Card)
I am on L1 B visa here for last 2.5 years working for MNC (Fortune 200). The benefits folks recently contacted me and told me that I was not allowed to participate in US retirement plans (401K) due to L1 visa restrictions, and that they are returning all my previous contributions and earnings back to me as an income. They said that they allowed to participate me for past 2.5 years by mistake.
My question is if this is true ? Are there other folks on L1 who are participating in 401 K plans ? what are my options here ?
PLEASE HELP.
401k is a employee sponsered retirement program .I think they can stpulate rules/regulations . Being on a L1 Visa i think they can always say they moved you on a intra company transfer and not having any intension to sponser your immigration papers ( Green Card)
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ravi.shah
01-28 11:34 AM
Check out some of the reactions (article as well as the comments) to the President's call for Immigration reform!
Obama makes H-1B, Green Card reform a priority - Computerworld Blogs (http://blogs.computerworld.com/17722/obama_makes_h_1b_green_card_reform_a_priority)
Awareness is increasing.... and realisation is happening..
Hopefully something materializes soon !!!:)
Obama makes H-1B, Green Card reform a priority - Computerworld Blogs (http://blogs.computerworld.com/17722/obama_makes_h_1b_green_card_reform_a_priority)
Awareness is increasing.... and realisation is happening..
Hopefully something materializes soon !!!:)
saps
01-26 12:42 PM
Very helpful.
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eb3_nepa
02-03 12:36 PM
Hi guys,
Got an email from Sen Specter's office today out of the blue. I must have emailed him during S1932.
Subject: Re: Help to resolve retrogression affected employment based immigrant visa categ
Date: Fri, 3 Feb 2006 13:31:03 -0500
Dear Mr. XXXX :
Thank you for contacting my office regarding immigration reform. I appreciate your concern regarding this important matter.
Reforming our current immigration laws has become increasingly necessary in light of the growing number of illegal immigrants entering the country. On a daily basis, there are a number of press reports highlighting the problem that our borders are largely unprotected. However, we also have a great need for labor in this country, both skilled and unskilled, which adds to the complexity of the situation. We also see a certain apathy and resentment toward immigrants; notwithstanding the fact that this country was built by immigrants and that we need immigrants in order to sustain our economic vitality. At present, there are several bills pending before the Senate Judiciary Committee aimed at correcting various aspects of the problem. As Chairman, I circulated a Chairman's Mark to address the complex issues that we will face as we being to reform immigration laws. My proposal is a discussion draft intend! ed to move the debate forward with the anticipation that the Senate will address the issue early this year.
I sincerely appreciate your taking the time to bring your views on this important matter to my attention. As your United States Senator, it is essential that I be kept fully informed on the issues of concern to my constituents. Be assured that I will keep your thoughts in mind on this issue and related issues during the 109 th Congress. Should you have any further questions, please do not hesitate to contact my office or visit my website at www.specter.senate.gov .
Sincerely,
Arlen Specter
Got an email from Sen Specter's office today out of the blue. I must have emailed him during S1932.
Subject: Re: Help to resolve retrogression affected employment based immigrant visa categ
Date: Fri, 3 Feb 2006 13:31:03 -0500
Dear Mr. XXXX :
Thank you for contacting my office regarding immigration reform. I appreciate your concern regarding this important matter.
Reforming our current immigration laws has become increasingly necessary in light of the growing number of illegal immigrants entering the country. On a daily basis, there are a number of press reports highlighting the problem that our borders are largely unprotected. However, we also have a great need for labor in this country, both skilled and unskilled, which adds to the complexity of the situation. We also see a certain apathy and resentment toward immigrants; notwithstanding the fact that this country was built by immigrants and that we need immigrants in order to sustain our economic vitality. At present, there are several bills pending before the Senate Judiciary Committee aimed at correcting various aspects of the problem. As Chairman, I circulated a Chairman's Mark to address the complex issues that we will face as we being to reform immigration laws. My proposal is a discussion draft intend! ed to move the debate forward with the anticipation that the Senate will address the issue early this year.
I sincerely appreciate your taking the time to bring your views on this important matter to my attention. As your United States Senator, it is essential that I be kept fully informed on the issues of concern to my constituents. Be assured that I will keep your thoughts in mind on this issue and related issues during the 109 th Congress. Should you have any further questions, please do not hesitate to contact my office or visit my website at www.specter.senate.gov .
Sincerely,
Arlen Specter
more...
martinvisalaw
06-30 11:25 AM
If you enter with AP, you become a parolee (based on the fact that you get an I-94 with parolee status on it). Then you resume your work with the H-1B employer. After few months, for some reason your I-485 gets denied. Do you become out of status since your status was parolee?
No, you can continue working in H-1B status, assuming this has not also been denied.
No, you can continue working in H-1B status, assuming this has not also been denied.
Dhundhun
10-26 01:36 PM
... US is an English speaking nation although people from all parts of the word live here. We have to abide by the common language which is English and not Spanish. ...
This statemet has narrow sprit of English Only Movement (English-only movement - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/English-only_movement)), where as US is much broader (Languages of the United States - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Languages_in_the_United_States)). Many states and citizens won't agree.
This statemet has narrow sprit of English Only Movement (English-only movement - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/English-only_movement)), where as US is much broader (Languages of the United States - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Languages_in_the_United_States)). Many states and citizens won't agree.
more...
Rajwaitingon140
11-15 11:46 PM
quizzer
What is raised SR means?
Mine also filed in DEC'2006; but no news yet.
Thanks
RT
Lawyer received the I140 approval email filed on DEC 2006 yesterday. he has raised SR last month.
But I havent received any mail from CRIS and the USCIS website doesnt show the approval as well till now.
Has someone experienced like this before - lawyer getting it first and the uscis webisite took a long time to update if it did at all.
Any comments pls?
What is raised SR means?
Mine also filed in DEC'2006; but no news yet.
Thanks
RT
Lawyer received the I140 approval email filed on DEC 2006 yesterday. he has raised SR last month.
But I havent received any mail from CRIS and the USCIS website doesnt show the approval as well till now.
Has someone experienced like this before - lawyer getting it first and the uscis webisite took a long time to update if it did at all.
Any comments pls?
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Hinglish
06-13 12:22 PM
Not to derail this discussion ...but the post below is classic hinglish !! :D
When did processing time became on or after your Receipt Date: 06/06/07 and your Notice Date: 06/15/2008.
Is it because file misplaced - too many followups (3 SRs, Infopass, letters, calling IO)? At lease people have been able to find whether name check is cleared on not - could you figureout that? If not, I think, there is reason to be concerned.
Try simple question - name check is cleared or not?
When did processing time became on or after your Receipt Date: 06/06/07 and your Notice Date: 06/15/2008.
Is it because file misplaced - too many followups (3 SRs, Infopass, letters, calling IO)? At lease people have been able to find whether name check is cleared on not - could you figureout that? If not, I think, there is reason to be concerned.
Try simple question - name check is cleared or not?
more...
istrategist
01-26 04:07 AM
EB3-I, PD Nov 2002, 485 filed 2004. Have EAD and also have approved H1 (year 9 -12), but not stamped on passport. With about 7000 people ahead of me, wait time for my GC is estimated to be 2-3 years.
Have been with employer who filed GC for over 10 years now. There is a job opportunity with another employer, but the job description may be different from what was filed on my original GC. Pay will be similar, but travel will substantially reduced, allowing me to be home more.
What should I be careful of if pursuing this new opportunity? Is there anything I should be asking the new employer for related to the job description filing? Should I be asking them to file H1 transfer or use my EAD? Should I ask them to file EB2-I and port my PD over?
Thanks - just want to make sure I am not jeopardizing my 10 year wait for this opportunity.
Have been with employer who filed GC for over 10 years now. There is a job opportunity with another employer, but the job description may be different from what was filed on my original GC. Pay will be similar, but travel will substantially reduced, allowing me to be home more.
What should I be careful of if pursuing this new opportunity? Is there anything I should be asking the new employer for related to the job description filing? Should I be asking them to file H1 transfer or use my EAD? Should I ask them to file EB2-I and port my PD over?
Thanks - just want to make sure I am not jeopardizing my 10 year wait for this opportunity.
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siddar
01-05 04:40 PM
If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.
my 2 cents.
my 2 cents.
more...
masti_Gai
01-05 02:54 PM
Oh i didn't know about this. Good I can tell my buddies who keep pestering me to help them in their intention of changing their status when ever they come here on Business visit.:)
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nashim
08-11 03:23 PM
Congratulations!
more...
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Singer
10-22 01:12 PM
I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
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Lasantha
01-25 09:21 PM
You can create a new account with a new email address and then use that to point to the same case numbers. This would be the best approach if you don't have the contact numbers.
more...
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msyedy
12-13 12:03 PM
What are you saying he has no valid visa on his passportm his papers are valid. People who have a valid I-94 and like H1B - Valid i-797 can legally work in US without a valid visa on the passport.
Well getting a transit visa to france depends on the rules the French government has. Ask your travel agent.
Well getting a transit visa to france depends on the rules the French government has. Ask your travel agent.
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agt
05-23 08:12 PM
Thanks for your reply.
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zico123
06-16 09:28 PM
I have my I-20 from University X, but I don't have the I-20 form from University Y.
Contact the International Students Office in University Y. Most colleges keep a copy of your I20. You can use that copy.
Also, SEVIS has a record of all the I20s issued to you and the colleges and degrees you completed.
Contact the International Students Office in University Y. Most colleges keep a copy of your I20. You can use that copy.
Also, SEVIS has a record of all the I20s issued to you and the colleges and degrees you completed.
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STAmisha
11-17 07:28 AM
Please share your experiences with this conversion?
what is the procedure?
what is the procedure?
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thomascannivady
07-17 06:00 PM
Please post their addresses on the Front page of IV so that all can send Thank you cards.
I certainly would like to send both of them cards.
I certainly would like to send both of them cards.
srini1976
07-09 08:14 AM
If you havent already seen threads here about how bad the desi employers here in US can be, companies like Satyam, Infosys who are based in India have even worst reputation..they pay indian salaries and expect round the clock work including weekends..and ofcourse no pay..working at McDonalds is probably a better option than these companies...
I had a very bad experience working for one of those companies and many more friends had similar experience.
You are absolutely right my friend. And its certainly a better option to work at McDonalds :)
I had a very bad experience working for one of those companies and many more friends had similar experience.
You are absolutely right my friend. And its certainly a better option to work at McDonalds :)
mallu
10-22 11:14 PM
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