coopheal
12-17 03:30 PM
Dates were current till 2005. USCIS and its previous incarnation didn't even finish cases from 2001. Even in 2007 all blow out sale they didnt complete older cases. Also all along they kept on wasting visa as well.
Ideally these would be considered as severe circumstances and USCIS/Congress/Administration would work on getting us some relief because we would make such huge noice for this.
Oh wait.... we are highly skilled GC aspirants.... we won't contribute and won't participate in various IV efforts. We would rather come over here blame core for our situation.
Ideally these would be considered as severe circumstances and USCIS/Congress/Administration would work on getting us some relief because we would make such huge noice for this.
Oh wait.... we are highly skilled GC aspirants.... we won't contribute and won't participate in various IV efforts. We would rather come over here blame core for our situation.
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snathan
11-27 01:16 PM
My situation:
I've been given offers by two companies, A and B.
I am currently under my F1 student visa, OPT status, my OPT started at July 2010.
Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.
Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.
My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.
I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!
You can have multiple H1B. If I were you, I wouldnt tell anything to the company A at this juncture.
I've been given offers by two companies, A and B.
I am currently under my F1 student visa, OPT status, my OPT started at July 2010.
Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.
Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.
My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.
I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!
You can have multiple H1B. If I were you, I wouldnt tell anything to the company A at this juncture.
illinois_alum
03-06 09:42 AM
Online application usually warrants a fingerprinting , it's best to apply in paper if that needs to be avoided.
You may avoid fingerprinting (not so sure on that) by paper filing...but applying is a lot faster and easier. Moreover, even if she has to go for fingerprinting..shouldn't be a big deal...they have ASCs all around...
You may avoid fingerprinting (not so sure on that) by paper filing...but applying is a lot faster and easier. Moreover, even if she has to go for fingerprinting..shouldn't be a big deal...they have ASCs all around...
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CADude
12-17 07:22 PM
It's true.. CA n NY were worst... Anyway PERM removed this state to state business of Labor for new applicants. But ideally any process should not have luck part including USCIS?
So waits continue till I am LUCKY.....
Dates were current till 2005. They were again current in between.
So it has been a game of luck. Many people got GCs and may even have citizenship by now. Until 2005 your luck depended on the state your labor was filed from.
So waits continue till I am LUCKY.....
Dates were current till 2005. They were again current in between.
So it has been a game of luck. Many people got GCs and may even have citizenship by now. Until 2005 your luck depended on the state your labor was filed from.
more...
raysaikat
02-16 09:32 AM
All
I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.
I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...
Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
Yes.
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
This is not true. A cap-subject employer will always need an H1-B that is counted against the cap before you can start working for them.
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
There is no automatic "switch". Your status inside US is determined by I-94 form. You would need to request USCIS for change of status to B2 VISA. You do not need a B2 VISA stamp on your passport for the change of status provided USCIS grants it.
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
This is the preferable option.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?
Thanks a lot in advance.
;)
[QUOTE=sa.node;2357341]
I do not know what is ABIM, but you cannot legally stay in US past the date on your latest I-94 form.
I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.
I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...
Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
Yes.
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
This is not true. A cap-subject employer will always need an H1-B that is counted against the cap before you can start working for them.
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
There is no automatic "switch". Your status inside US is determined by I-94 form. You would need to request USCIS for change of status to B2 VISA. You do not need a B2 VISA stamp on your passport for the change of status provided USCIS grants it.
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
This is the preferable option.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?
Thanks a lot in advance.
;)
[QUOTE=sa.node;2357341]
I do not know what is ABIM, but you cannot legally stay in US past the date on your latest I-94 form.
pappu
01-22 06:37 PM
Thanks for your words of appreciation. Pls contribute by signing up for the funding drive. This will strengthen us and enable us to deliver in the coming months.
more...
dcrtrv27
10-09 02:33 PM
This happens from time to time dont know why but it happens.It happened for my wife too , we had efiled for EAD and her application status showed that notice(FP) returned as undeliverable. My wife wrote back to USCIS
saying that she had received all her prior communication from USCIS here
(for example we put in copies of 485 recipt notice,485 FP notice,EAD recipt notice) and it seems to a mistake of USPS. She also wrote to the Local Postmaster as to why the notice from USCIS was returned and in future all this should not reoccur. Within a day or two we got her EAD approved and recieved it in mail.
The point I am trying to make is that calling(it might not be the best option as lines are busy,reps dont have the info you would like etc) as well as writing does help when u know the where to send mail , we were lucky as we had efiled so it does specify where to send the application and docs .Good Luck.
In my case just now I called up again with POJ method got hold of nice IO. She took her own time to dig out all teh information rleated to my case and saught confirmation on many things like address name etc. After few minutes she said dont worry about the online status my case is assigned to officer. I hope whatever the outcome will be good.
saying that she had received all her prior communication from USCIS here
(for example we put in copies of 485 recipt notice,485 FP notice,EAD recipt notice) and it seems to a mistake of USPS. She also wrote to the Local Postmaster as to why the notice from USCIS was returned and in future all this should not reoccur. Within a day or two we got her EAD approved and recieved it in mail.
The point I am trying to make is that calling(it might not be the best option as lines are busy,reps dont have the info you would like etc) as well as writing does help when u know the where to send mail , we were lucky as we had efiled so it does specify where to send the application and docs .Good Luck.
In my case just now I called up again with POJ method got hold of nice IO. She took her own time to dig out all teh information rleated to my case and saught confirmation on many things like address name etc. After few minutes she said dont worry about the online status my case is assigned to officer. I hope whatever the outcome will be good.
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RDB
09-16 01:37 PM
There is no LAW that mandates this!......It's kind of a best practice thing - people usually recommend 6 months.
Ok, I know this could be wrong answer... But since we are legal immigrants we need to follow all the laws!!:D
Ok, I know this could be wrong answer... But since we are legal immigrants we need to follow all the laws!!:D
more...
meridiani.planum
06-12 01:35 PM
Any thoughts why EB2 India hasn't gone beyond Apr 04 for over a year.
Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.
Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?
Based on posts from a number of reasons, the reason for EB2 India moving slowly are:
- lots of 485 applications (remember that EB2 India had been stuck at Jan 2003 for a LONG time, and all those people got to file only in July 2007)
- conversions of EB3->EB2
- LC substitution ending in mid which caused a lot of dormant LC applications lying around, to get used up and filed
Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.
Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?
Based on posts from a number of reasons, the reason for EB2 India moving slowly are:
- lots of 485 applications (remember that EB2 India had been stuck at Jan 2003 for a LONG time, and all those people got to file only in July 2007)
- conversions of EB3->EB2
- LC substitution ending in mid which caused a lot of dormant LC applications lying around, to get used up and filed
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naveenpratapsingh
08-17 05:57 PM
Hi Prem,
Thank you very much for the insight of my issue. Just want to inform you that my employer(who intitiated the transfer now) are the employer and the client for me. Hopefully I might not get any RFE and as you said if I get the reciept number after 14 or 15 calendar days and update the result of petition in a week or so, that would be great.
Once again thank you very much for your reply. I will keep posted about my status.
-Matt
Did you get the approval or receipt?
Thank you very much for the insight of my issue. Just want to inform you that my employer(who intitiated the transfer now) are the employer and the client for me. Hopefully I might not get any RFE and as you said if I get the reciept number after 14 or 15 calendar days and update the result of petition in a week or so, that would be great.
Once again thank you very much for your reply. I will keep posted about my status.
-Matt
Did you get the approval or receipt?
more...
JunRN
08-21 10:14 PM
It's not cheating. The August 16 date is the Processing Up-date, not the posting date.
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TomPlate
12-12 09:26 PM
thanks ram for your message. where did you cut and paste? see if you have any soft LUD?
more...
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rkumar18
07-09 10:22 AM
Stay as far away from Aequor as you can. They once offered me a 35K job in NJ. Thats a lot of money in NJ I have no place to store that kind of wealth!
How do we report this stuff to DOL? Is there any email ID?
How do we report this stuff to DOL? Is there any email ID?
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test101
07-19 02:09 PM
Yes you can. I'm not from india but i had the original BC and i got ranslated in the US.
you can find translaters in Yellow pages and ask them if they do translation for immigration.
you can find translaters in Yellow pages and ask them if they do translation for immigration.
more...
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qplearn
12-19 05:05 PM
Not from the bathtub. ;)
Post your experience with the call.
My experience was very pleasant! They did not say it in so many words, but it was clear that they appreciated my call. I urge all of you to call Senator Cornyn. This is a really good idea, unless the core thinks otherwise (I am really not sure what the core thinks about this). Their staff has not received too many calls from supporters like us is what I could make out (but I could be wrong).
And by the way, the call was made from just outside my office on a cell phone --- not from the bath tub this time :)
Post your experience with the call.
My experience was very pleasant! They did not say it in so many words, but it was clear that they appreciated my call. I urge all of you to call Senator Cornyn. This is a really good idea, unless the core thinks otherwise (I am really not sure what the core thinks about this). Their staff has not received too many calls from supporters like us is what I could make out (but I could be wrong).
And by the way, the call was made from just outside my office on a cell phone --- not from the bath tub this time :)
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nozerd
04-09 12:11 PM
Yes I have been in US since 1991. Here is my story.
1991 1996 - Did Bachelors in US.
1996 -1998 - Masters
1999 - 2009 - On H1. Have been with same firm for over 10 yrs though I have had several promotions. Always kept H1 though spouse started working on EAD in Jan 2009.
Its been some wait. There have been time I felt so frustrated with this process I literally cried or felt like punching someone.
I wont really believe till I have card in my hand. Difficult to trust USCIS.
If I remember right from your older post you are the one who was waiting for some 15-18 years right ? You deserve it. Congrats my friend and enjoy your life ahead.
1991 1996 - Did Bachelors in US.
1996 -1998 - Masters
1999 - 2009 - On H1. Have been with same firm for over 10 yrs though I have had several promotions. Always kept H1 though spouse started working on EAD in Jan 2009.
Its been some wait. There have been time I felt so frustrated with this process I literally cried or felt like punching someone.
I wont really believe till I have card in my hand. Difficult to trust USCIS.
If I remember right from your older post you are the one who was waiting for some 15-18 years right ? You deserve it. Congrats my friend and enjoy your life ahead.
more...
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pappu
12-05 07:48 AM
Felix look at my post L C 2001 Analysts Review and you shall see how a MOFO attorney can ruin a very promising career.
If i could find my ex attorney he would beg to die.
http://immigrationvoice.org/forum/showthread.php?t=2453
If i could find my ex attorney he would beg to die.
http://immigrationvoice.org/forum/showthread.php?t=2453
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prem_goel
08-29 11:06 AM
please post if anyone has been in the same situation?
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Dhundhun
08-06 06:43 PM
Updated for today (08/06/2008).
rb_248
12-19 08:09 AM
History channel premiered a program "Naturalized" yesterday (12/18). They covered people from so man y different walks of life facing so many different problems to get GC and citizenship. But in the 90 minute program there was no coverage on how our community is struggling and no mention about the plight of the employment based category.
Makes me wonder if there is enough awareness about our cause.
Makes me wonder if there is enough awareness about our cause.
boreal
09-07 10:14 AM
Dont Advertise on the board and we are not doing call center jobs here to learn american accent.
...Yeah and dont be embarassed to be who you are...Talk normally, dont put on an accent just because you want to feel 'Americanized'...There are lotsa other good things about being an American, than just putting on an accent..
...Yeah and dont be embarassed to be who you are...Talk normally, dont put on an accent just because you want to feel 'Americanized'...There are lotsa other good things about being an American, than just putting on an accent..
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