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Humhongekamyab
05-21 12:46 PM
The example he has given is a special case. The guy needs H1, because his son was out of status. Something is missing in the case. The child came to US 10 years back on B2 and stayed on B2 forever without extending or changing the status???

We need H1 only when we are not married or we have not filed I-485 for the dependants.

I agree. This was a special case and the attorney initially filling the 485 should have caught this error.
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habil52
09-25 07:50 PM
I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.

I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.

With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.


Get a job in either an educational, research or a non profit organization and reapply for H1B under quote exempt category. do it soon as that too takes time... preferably through premium processing after securing a job. good luck.
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priderock
05-15 10:35 AM
Wonder how many core group members benefited with this forward movement !!
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eyeopeners05@yahoo.com
06-02 03:04 PM
If they know you changed employers to use EAD (your previous employer has to cancel your H-1b by law which also cancels the H-4), then they will know.

Check some of the RFEs that are coming in these days. They want to see documentation in support of lawful presence right from day one of the applicant's entry, even if it was 10 years ago.


You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?
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Bpositive
01-06 05:44 AM
My wife was on OPT and working off a valid approval notice. It is a first time H1 stamping. She has a Phd in biology and therefore the 221g which includes a 'invitation letter'. The instructions are confusing. On the 221g, it asks for a scanned document and the email ack says send only .txt.
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Bpositive
01-05 12:12 PM
Thanks. We are answering the 221g questions. Not clear about the format of the "invitation letter" from the sponsor/employer. Should this be in txt format and in the same document as the answers to the other questions? Or can this be a separate scanned pdf...

Anyone?
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jayleno
12-02 05:44 PM
For H-1 extension based on Labor, the filing date is considered. The filing date has to be more than 365 days.
I have a question..
Applying labor before 365 days of H1 expiry is enough
or
Approval of labor before 365 days of H1 expiry is required
for getting extension of 1 year on H1 visa ?
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myeb2gc
02-24 08:43 PM
Hi myeb2gc ,

You added lot of hope in this H1 extn process but for how long did you got ur H1 extn ?


Hi, i got it for 2 years 10 months, but not 3 years even after having approved 140.But it seems ok...
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txh1b
04-20 02:25 PM
Thanks for the reply.

We are not in Chicago. Their POE is in Chicago. I may have to go to the local USCIS office and clarify it.

I am also checking with the Attorney.

You can go to the closest international airport's CBP. USCIS local office cannot do anything about it. Only CBP can.
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saravanaraj.sathya
08-24 10:51 AM
Pl post the recording I missed it.

Vivek Wadhwa spoke very nicely and hit right at the core of the EB Immigration issues and backlog. I talked to him along with my wife and told our story. I also told that lot of people like me will be opting Canada or Australia or even go back to India if the EB Immigration issues are not fixed. If US doesn't fix its Immigration Policies for Skilled Immigrants then they go back to their home countries or other contries who understand their worth. After all this is our most productive age and we won't waste it.

I will try finding the recording of the show and post it here.
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MahaBharatGC
10-13 01:39 PM
Well you are correct I am trying to draw attention because as a saying "you will only know the pain when you walk the line". My company attorneys delayed the filings. I am not blaming anyone but myself. However, the fact of the matter is to find out a way to address this issue which is going to help everyone else. I do not knonw how long my particular case might take but since I am in the process I understood the issue.

First, when you apply in advance, yeah the possibility of approval before existing application expiration is very high. But you will end up loosing the EAD period from the date of approval to the date of last expiration. This is a loss for us.

Second, a renewal should only take less time as it takes for Drivers license. It is not AP where they have to validate your last entry etc etc.

EAD renewal adjudication should be separate from rest of all application processing and should shrink the timline.

Imagine my case. My wife was searching for jobs since her first EAD and now she got one but lack of EAD is going to cause her to loose it.....
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Maverick_2008
02-22 09:32 PM
Even TSC is getting s..l..o..w now for 140.

Maverick_2008



https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

TSC
485: went from May 24 to April 10, 2007 :(
140: June 23, 2007
NSC
485: July 30, 3007
140: Jan 22, 2007
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kaisersose
06-02 04:05 PM
can i get a h1 done from a desi employer just to protect the h4 status and join the other company thats offering me a job with my ead.

the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.

For you or for her? Getting a H is not easy (you will have to wait till Oct 2009) and maintaining a H without paystubs is not legal either. Should be far more easier & quicker for her to get a F visa.

In general, avoid getting into risk situations that you cannot get out of. In the long run, being safe with immigration matters and resisting the temptation to make a few extra bucks will be more beneficial.
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new_gc_guy
11-26 06:21 PM
I may not be able to take part due to definite schedule conflicts. Regardless - I will contribute 100$ per member of my family(2) !
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ujjvalkoul
01-18 12:29 PM
No
only the primary applicant needs to take the test
It is not clearly spelled out on cic.gc.ca.(or at least I couldnt find it)...so I was confused..

Even if the Spouse is included in the application and may work in canada...even then spouse does not have to appear for test....??

Can you point me to the website for confirmation of this??
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somex
05-19 12:13 PM
I think reapplying in two days is not a good idea. what makes you think that the consular officers would change their mind in two days? Now a days consulate wary on issuing visas. You need to have good justification (Documentation) before applying second time.


Hello,

My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.

Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.

Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?

I am thinking to reapply again in next 2 day.

Can anyone help me what should i do in this case?

Thanks,
Harish Gowda
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pou-pou
06-11 08:44 PM
wow :D I have done good here :D :lol:

well, the guy with the green swan stamp should win though :love:
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c9411010
08-08 08:51 AM
if therez anything anyone else can add pls do so ..
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hopefulgc
05-12 02:45 PM
We need to raise a million $. Anything less is seeming to just not cut it.

Look where we are now with our half-hearted efforts.

DOS says that EB3 would be retrogressed for the remaining part of the year. There was a time I used to believe that come year 2008, there is no way EB3 would be at 2001. I was wrong.
Today I think, there is no way the dates would be at 2002 come 2011.... but guess what.. its a definite possibility.

We need to do something substantial. We must equip IV with huge funds .. funds that will get us in bed with the right people.

--- here is what follows from an earlier post

Even though we have a very honest agenda at heart which at its very core aims to help America be more competitive in the global scene, apparently, we need to have the financial clout to be able to turn heads and thus have our voices heard.

Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln

why? because the first 10 or 50 contributers are the most elemental in getting such a campaign off the ground and we need to give them a guarantee that its an ALL or NOTHING DEAL. If for some reason we stop at $10k because only 5 members contributed and no more are ready to contribute (unlikely), those 5 members can get their money back.

now is $2000 a huge amount?.. absolutely... but maybe we could tweak this amount or do some payback if we have more people stepping forward in excess of 500. and the amount of payback depends on how early your contributed to the campaign. The first 50 guys could even get a substantial part of their contribution back.


People, we gotta swing for the fences, the next time we go to play.
It has taken us some time to understand how the lobbying game is played.. but this time "Lets play to win"
We need to be a big fish.. a million $+ whale to be taken seriously.

Lastly, i'm just presenting an idea .. its not endorsed by IV core.. and I maybe overlooking some finer points of non-profit corporate taxation and finance.

funding drive is here: http://immigrationvoice.org/forum/showthread.php?t=18790

Brethren.... rise!
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prem_goel
03-07 08:06 PM
Hello Ann,
I very much appreciate and thankful for your last reply. Unfortunately, the prospective employer did not agree to file her COS due to some of their own internal regulations.

Now, the current employer through which my sister came here on B1 wants her here but is not willing to file a B1 Extension. Instead, they want her to travel back to India on the day her I-94 expires, and come back again immediately within a week, so that she can again continue to be here for another 90 days.

I wanted to ask your opinion if you think that'll be a problem at Port of Entry? Ofcourse, my sister is going to carry all her documents and the letter, but I do not know if the Immigration Officer at PoE would create any problems/issue? This company however is a well-known company in the ranks of Google, Microsoft etc. That's the only consolation we have that it might be just okay.


Please advise,
Thanks
P





Hi Prem,

As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:

"Q10: Who is eligible to use the H1B "portability" provisions?

A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.

Q11: Are there any other limitations on the portability provisions?

A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."

However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.

Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.

Hope this information is helpful.

Ann
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kumar1
09-26 09:18 AM
You can do that, however, you would find that after 10 years, you are still looking at different US consulates for visa interview but your friends who remained with one employer, got their GC and they have lot more freedom than you do. It is a very difficult question. Either you can move from job to job and get paid more or you just stick to one, sacrifice some money/flexibility but get thing done in one shot.
Worst possible case would be - you realize after 6 years that you should have stuck with one employer!
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