franklin
09-27 04:22 PM
If I am offending anyone who tries to predict on visa bulleting cut-off days, I am sorry for doing so in advance. The agencies involved in this process themselves are out of clue and it is clearly pointed out by ombudsmen himself. I am still puzzled how they derive the cut-off days every month without such statistics? In the past there were numerous statistics regarding the cut-off date prediction and not even came close to what is getting published. This is one department who defy any logic in determining the cut-off dates. I think it is mere waste of time and energy in trying to do so at our end based on my past experience.
Thanks
No offense taken - I totally agree
Thanks
No offense taken - I totally agree
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BornConfused
07-03 03:36 PM
Visa is generally assigned to an application only if it has cleard background checks etc...and ready to be approved... They never assign Visa on receiving the application
Well, I just made my third call and the lady sounded quite confident that applications that have been received and are in processing are not affected by this and it's only NEW applications that would be coming in after July 2 that are affected. I understand what you're saying that they don't assign it but I have read before that they "assume" each application qualifies unless they eventually figure out otherwise. And now I am making my own assumption that if they assume it qualifies then it's assumed a visa is indirectly assigned? Wait, I'm confused:D.
Well, I just made my third call and the lady sounded quite confident that applications that have been received and are in processing are not affected by this and it's only NEW applications that would be coming in after July 2 that are affected. I understand what you're saying that they don't assign it but I have read before that they "assume" each application qualifies unless they eventually figure out otherwise. And now I am making my own assumption that if they assume it qualifies then it's assumed a visa is indirectly assigned? Wait, I'm confused:D.
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piyu7444
03-20 09:08 PM
[QUOTE=gapala;328433]The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa other than sponsor. If this is a transfer, then, In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. What that means is OP's work with old employer is considered as "unauthorized work". Do not consider this as illegal presence, as his legal presence is controlled by a valid I-94.
The above underlined text is not correct. When USCIS approve a new peition ( call it transfer if you would like to although....) they do not cancel the old unless the employer who owns that petition sends a request to USCIS to cancel it. :)
The above underlined text is not correct. When USCIS approve a new peition ( call it transfer if you would like to although....) they do not cancel the old unless the employer who owns that petition sends a request to USCIS to cancel it. :)
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ramvinay
06-14 10:03 AM
Thank you all very much for answering my question , I feel much better now.
Just a quick follow up.
I am assuming she can continue to work on her OPT till we get our EAD cards or her H1?
Thanks for your response.
Yes, certainly your wife can apply for I-485, that has nothing to do with your whether your wife is on F-1 or H-1.
Her H,F etc. status continues independently of the Adjustement of Status petition. (Yes she can file even while in F-1 as she is not the primary beneficiary but your dependent for I-485)
Infact as soon as your wife get's her I-485 receipt, she is legally in status even if she loses her F, H etc. status.
Moreover I can say all this since I know someone who is an exact similar situation.
Just a quick follow up.
I am assuming she can continue to work on her OPT till we get our EAD cards or her H1?
Thanks for your response.
Yes, certainly your wife can apply for I-485, that has nothing to do with your whether your wife is on F-1 or H-1.
Her H,F etc. status continues independently of the Adjustement of Status petition. (Yes she can file even while in F-1 as she is not the primary beneficiary but your dependent for I-485)
Infact as soon as your wife get's her I-485 receipt, she is legally in status even if she loses her F, H etc. status.
Moreover I can say all this since I know someone who is an exact similar situation.
more...
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swarnapuri
12-01 09:50 AM
Thanks for bringing this up!
god_bless_you, Thanks for the book suggestion!
god_bless_you, Thanks for the book suggestion!
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msyedy
05-31 01:03 PM
I think industry and their senators alike will be happy with quota increases...waht they will try to strike out is the extra fees....($5000 now) and also the retrictions on recruitment / displacement policy, which will make H1B useless as it will take umpteen number of months to get an H1B approved.
This ammdt is still difficult to pass
BTW, I cannot find the text of this ammndt on Thomas.
http://www.thomas.gov/cgi-bin/bdquery/D?d110:26:./temp/~bdp3oO::|/bss/d110query.html|
I am sure that the tech lobbyist are going to change the rules applied to the H1-B process, because everyone knows the effect of this to the econoomy. I am totally convinced that the strict H1-B rules will be removed.
I am trying to figure out or want to see how or will these tech companies force or lobby to get EB relief.
How important is EB relief for them?
1) they can't hire brains from US universities.
2) they can't hire those who they think would benefit the company but are stuck with their GC process with some other small consulting firm.
I see STEM with advance degree getting relief, the current backlog will not be benefitted a lot (eg. Real hike in EB visas, Removing the country cap). I am not being a pessimist but, I do not see a light in my path. (May be my comments are wrong)
**** Important Note****
After the State Union Speech given by the President to change the Immigration system, we saw a huge applause by all the law makers. So many individual bills in favor of Skill were introduced. Mr Gates, in front of Senate gave a detailed explaination of our problems, we saw few bills after H1-B quota ran out on the second day of the filing date added to the senate judiciary committee.
Our hopes increased after seeing so many favourable documents and media coverage, but what happened in the end.. Illegals were given a very very very easy path to citizenship after breaking the law.They get a relief which we can never imagine will ever happen to us.
Let us say we get the oppurtunity to file I-485 without PD. Increase in H1-B, Increase in EB visas. But still we have to stick to an employer, can't move up the ladder because of the same Labor description needed to be mainain I-485 if we take AC21.
I cannot digest and will never be able to digest that we are not given the oppurtunity to file our I-485 individually and work for any employer.
This ammdt is still difficult to pass
BTW, I cannot find the text of this ammndt on Thomas.
http://www.thomas.gov/cgi-bin/bdquery/D?d110:26:./temp/~bdp3oO::|/bss/d110query.html|
I am sure that the tech lobbyist are going to change the rules applied to the H1-B process, because everyone knows the effect of this to the econoomy. I am totally convinced that the strict H1-B rules will be removed.
I am trying to figure out or want to see how or will these tech companies force or lobby to get EB relief.
How important is EB relief for them?
1) they can't hire brains from US universities.
2) they can't hire those who they think would benefit the company but are stuck with their GC process with some other small consulting firm.
I see STEM with advance degree getting relief, the current backlog will not be benefitted a lot (eg. Real hike in EB visas, Removing the country cap). I am not being a pessimist but, I do not see a light in my path. (May be my comments are wrong)
**** Important Note****
After the State Union Speech given by the President to change the Immigration system, we saw a huge applause by all the law makers. So many individual bills in favor of Skill were introduced. Mr Gates, in front of Senate gave a detailed explaination of our problems, we saw few bills after H1-B quota ran out on the second day of the filing date added to the senate judiciary committee.
Our hopes increased after seeing so many favourable documents and media coverage, but what happened in the end.. Illegals were given a very very very easy path to citizenship after breaking the law.They get a relief which we can never imagine will ever happen to us.
Let us say we get the oppurtunity to file I-485 without PD. Increase in H1-B, Increase in EB visas. But still we have to stick to an employer, can't move up the ladder because of the same Labor description needed to be mainain I-485 if we take AC21.
I cannot digest and will never be able to digest that we are not given the oppurtunity to file our I-485 individually and work for any employer.
more...
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Macaca
09-20 01:42 PM
Some people die at 25 and
aren't buried until 75
Benjamin Franklin
aren't buried until 75
Benjamin Franklin
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vinabath
03-24 05:55 PM
Right now USCIS, DOL and consulates are really after people. Be careful what you wish for; there are a lot of things under the carpet.there are a lot of things under the carpet.
Can you throw some light... I am scared. Looks like you got some insider info.
Can you throw some light... I am scared. Looks like you got some insider info.
more...
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Jaime
09-20 12:18 PM
I was sick rest of the day.
I hesitate every day in doing things that help them. So far I have taken temporary decisions to continue.
It is mentally very draining!
I totally understand what you are going through, been there myself! Don't mind those people, keep going and do this for YOURSELF! Yes, many people will benefit from our struggle without having moved a finger, that is sad but that always happens, in every struggle, in every issue. There are other very sad things such as the visa lottery, or the 1985 amnesty which saw thousands of people from overseas come to abuse that even if they didn't qualify, and all those people got a free ride! But you know what? They are there and they won't go away. It is our choice to stay and not go away, and we have to fight for that. Together, we are friends and family at IV. That was evident at the rally! Times may get trying at times, but we'll keep going and succeed!
I hesitate every day in doing things that help them. So far I have taken temporary decisions to continue.
It is mentally very draining!
I totally understand what you are going through, been there myself! Don't mind those people, keep going and do this for YOURSELF! Yes, many people will benefit from our struggle without having moved a finger, that is sad but that always happens, in every struggle, in every issue. There are other very sad things such as the visa lottery, or the 1985 amnesty which saw thousands of people from overseas come to abuse that even if they didn't qualify, and all those people got a free ride! But you know what? They are there and they won't go away. It is our choice to stay and not go away, and we have to fight for that. Together, we are friends and family at IV. That was evident at the rally! Times may get trying at times, but we'll keep going and succeed!
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go_gc_way
07-08 11:04 AM
Does an MBA from a foriegn University Qualify for an exemption of CAP of EB2 Visas?
I was thinking one has to MS in a US university to qualify.
Thanks for further clarifying.
I was thinking one has to MS in a US university to qualify.
Thanks for further clarifying.
more...
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amit_sp
02-09 10:17 AM
I am in a lot of stress. Please help out if possible.
Six years on my H1B expire in April 2008. I just got laid off from company A. My last day of work will be May 31st. I have LC and I-140 approved with company A.
If I join company B starting June, and transfer my H1B to B, can it extend my H1B beyond 6 years based on the approved I-140 I had with company A? If yes, will it be for one year or three years?
Gurus please help. I will be grateful.
Thanks
Hello Chitta:
Please check the following link from "Immigration.com".
http://boards.immigrationportal.com/showthread.php?t=240313
As per it, you can get a 3 yr-extension as long as your existing company doesn't revoke your I-140 (and it wouldn't as you are not leaving on your own). So you should be fine. Good-luck for your next job.
Six years on my H1B expire in April 2008. I just got laid off from company A. My last day of work will be May 31st. I have LC and I-140 approved with company A.
If I join company B starting June, and transfer my H1B to B, can it extend my H1B beyond 6 years based on the approved I-140 I had with company A? If yes, will it be for one year or three years?
Gurus please help. I will be grateful.
Thanks
Hello Chitta:
Please check the following link from "Immigration.com".
http://boards.immigrationportal.com/showthread.php?t=240313
As per it, you can get a 3 yr-extension as long as your existing company doesn't revoke your I-140 (and it wouldn't as you are not leaving on your own). So you should be fine. Good-luck for your next job.
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munnu77
03-17 11:13 AM
The option to file 485 after labor approval before priority dates become current is not present. It is not present in specter's bill either. It was present in S.1932 but current bills do not have that provision. I hope someone brings in an amendment to include this feature. This would help greatly for most of us.
if this presesnt clauses r there..i think its enuf for us to et the dates current...recapturing unused visas and increasing visa numbers
if this presesnt clauses r there..i think its enuf for us to et the dates current...recapturing unused visas and increasing visa numbers
more...
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SOA
07-26 08:06 PM
Thanks, Andy Garcia (:-)))!
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girish.sh
06-14 09:11 PM
Hi Company A has file for H1B and it got stamped. I came to USA last week and did not join them as they were not able to provide me job and were asking me to delay my trip to USA. Now last week monday they said they will terminate my visa and report to USCIS. My new employer has yet not applied for H1B transfer. So i wanted to know how much time do i have left to do it. Suppose Company A filed for visa cancellation on 11th June, Monday. Please let me know if there would be any problem in filing for H1B transfer now as Company A has filed for cancellation before i file for H1B Transfer.
I would appreciate a detiled reply.
Thanks,
Girish
I would appreciate a detiled reply.
Thanks,
Girish
more...
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nk2
06-13 08:39 PM
Great....
Way to go guys... I am very glad to be active member of IV.
I called some of my friends and they didn't know about the news.
IV keep is so well informed... Its like big family..
My labor is still pending, but I am so happy for all the IV members who can now appy for 485.
It feels like something good happened to members of my family.
Way to go guys... I am very glad to be active member of IV.
I called some of my friends and they didn't know about the news.
IV keep is so well informed... Its like big family..
My labor is still pending, but I am so happy for all the IV members who can now appy for 485.
It feels like something good happened to members of my family.
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stldude
07-05 11:04 AM
Just called USCIS and told her that My application was mailed on Jun 28th and it got delivered on July 02. I also told her that my PD is May 2003 (hence i'm eligible to file in June)..
She told me that since i mailed it in June and this Notice goes into effect in July 02 my application WILL NOT be rejected... She asked me to wait for receipt notice :)
GOING CRAZZZZZZZZZZZYYYYYYYYYYYYYYYYY
hilarious!!!!
She told me that since i mailed it in June and this Notice goes into effect in July 02 my application WILL NOT be rejected... She asked me to wait for receipt notice :)
GOING CRAZZZZZZZZZZZYYYYYYYYYYYYYYYYY
hilarious!!!!
more...
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gccovet
07-03 06:38 AM
The document mailed is your APPROVED AP.
Congrats!!
Thanks , I appreciate your reply.
I am more concern about the text, In one message says: Approval notice sent, in the other application, which is as follows, says Document mailed to applicant, (Status does not say, "APPROVED")
Receipt Number: SRCXXXXXXXXXXXX
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On July 1, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Congrats!!
Thanks , I appreciate your reply.
I am more concern about the text, In one message says: Approval notice sent, in the other application, which is as follows, says Document mailed to applicant, (Status does not say, "APPROVED")
Receipt Number: SRCXXXXXXXXXXXX
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On July 1, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
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Pineapple
06-20 11:45 AM
...These restrictions will impact only Indian bodyshoppers who are running just by H1b. Though H1b will be costly if CIR in the same form is passed but Most of good companies will overcome. ...
Again, there is a common misconception that companies have unlimited access to talent in other countries, and the only limiting factor is the quota of H1B visas.
Not true, by a long shot.
To give a simple example, our company is looking for people in Australia, Denmark, Finland, Canada and UK since the pool of qualified people in India has dried up in our field. Can anyone guess where is the biggest talent pool? Nope, not in Bangalore, its right here in USA!! Not all companies are looking for the cheapest person. They are looking for the best person. And in many cases, the best person is already here, and has gathered more experience over the years working for US companies. But they cannot hire her, simply because she is on a visa and thereby beholden to another company. If she had a GC, that would free up the talent pool and thereby make many companies less reliant on H1Bs. Increasing GCs for EB candidates has the same effect as increasing H1 quota, with the added benefit of making the cream of the crop available and reducing the uncertainty and hassle of hiring an H1.
This is why it is in the best interest of companies to support EB GCs.
My friend Senthil makes the same mistakes (repeatedly, unfortunately):
(A) Assuming that "good" companies will not be affected by any change of increase in fees for H1B, since they presumably have unlimited pockets and unlimited access to unlimited talent. (Big ha!ha!)
(B) "Good" companies can always get to hire people in US if they exist, and the only reason they hire H1 is that they cannot find anyone in US as there is no one in US who is good enough for the job for love or money (Bigger ha!ha!)
As to the question "then why are companies not doing enough for EB candidates", I do not know, and neither does anyone know, truthfully. Maybe they are, but as someone pointed out, no single player in the CIR game has enough clout to run the whole show. Or else the bill would have been passed long ago.
Again, there is a common misconception that companies have unlimited access to talent in other countries, and the only limiting factor is the quota of H1B visas.
Not true, by a long shot.
To give a simple example, our company is looking for people in Australia, Denmark, Finland, Canada and UK since the pool of qualified people in India has dried up in our field. Can anyone guess where is the biggest talent pool? Nope, not in Bangalore, its right here in USA!! Not all companies are looking for the cheapest person. They are looking for the best person. And in many cases, the best person is already here, and has gathered more experience over the years working for US companies. But they cannot hire her, simply because she is on a visa and thereby beholden to another company. If she had a GC, that would free up the talent pool and thereby make many companies less reliant on H1Bs. Increasing GCs for EB candidates has the same effect as increasing H1 quota, with the added benefit of making the cream of the crop available and reducing the uncertainty and hassle of hiring an H1.
This is why it is in the best interest of companies to support EB GCs.
My friend Senthil makes the same mistakes (repeatedly, unfortunately):
(A) Assuming that "good" companies will not be affected by any change of increase in fees for H1B, since they presumably have unlimited pockets and unlimited access to unlimited talent. (Big ha!ha!)
(B) "Good" companies can always get to hire people in US if they exist, and the only reason they hire H1 is that they cannot find anyone in US as there is no one in US who is good enough for the job for love or money (Bigger ha!ha!)
As to the question "then why are companies not doing enough for EB candidates", I do not know, and neither does anyone know, truthfully. Maybe they are, but as someone pointed out, no single player in the CIR game has enough clout to run the whole show. Or else the bill would have been passed long ago.
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chennai
07-23 12:02 AM
Thanks for the reply. I talked to IRS and was on the phone with them for 1.5hrs and she said I can apply for her ITIN even though she is not here.
Anybody here got ITIN for spouse even though spouse is not in US?
Thanks.
You can apply for ITIN even if your spouse is not in US. I have done it ealrier but the only condition is she shouldhave visited US on dependent visa last year for your to claim?
-Udaya.
Anybody here got ITIN for spouse even though spouse is not in US?
Thanks.
You can apply for ITIN even if your spouse is not in US. I have done it ealrier but the only condition is she shouldhave visited US on dependent visa last year for your to claim?
-Udaya.
aa2aa
04-29 01:06 PM
Receipt ID: 83L162611V408850A
h1b_alex
01-26 04:00 AM
I got hired by a consulting company A. I had to pay my H1B Fees (at that time i didn't know it was illegal for a company to do that)they were delaying my joining as they were indefinite for finding a job for me. I came to charolette in november start and was asked by the employer not to join them as they didnt have any projects for me. It has been 3 months and iam sitting idle and running out of resources to sustain myself. No paystubs are generated and i might be given an offer by a regular company B for permanent here . H1B txfr requires last paystubs
which i donot have, but when company B want to hire me what can i do. Talking about my employment to employer A he threatens to revoke my H1B, is there a way out.
Also in case he wants to revoke my status on H1B could i also complaing to DOL for non payment of pays and that he made me pay H1B fees.
Please Advice.
which i donot have, but when company B want to hire me what can i do. Talking about my employment to employer A he threatens to revoke my H1B, is there a way out.
Also in case he wants to revoke my status on H1B could i also complaing to DOL for non payment of pays and that he made me pay H1B fees.
Please Advice.
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